Members: I have been presented with the following problem and seek your opinions: Tenant moves into a unit in a 55 and over community which has restrictions on rentals less than one year and subletting. The tenant pays the entire year's rent in one lump sum. Within a short period of time the tenant dies. There is no provision for termination in the event of death. The lease states that it is binding upon and inures to the benefit of the tenant's heirs, successors and assigns. The heirs contact the landlord who refuses to refund any of the rent money and the heirs are unable to sublet. Landlord retakes possession and changes the locks. After the heirs find out the landlord has re-rented the unit, the landlord says he terminated the lease. Aware that the case, Alantis Estate v Pierro was recently circulated, I reviewed the lease to see if this was a single, lump sum annual payment or advance rent. Under the section for deposits and payments it states: " X Advance rent in the amount of $XXXX for rental installment periods of due OOOOOOO to be paid upon signing the lease." The "XXXXX" represents the annual amount and the "OOOO" represent the date of lease signing. This section also contained a late charge amount and security deposit amount. There was also a "Other____" provision for filling in different terms but this was left blank. The issues as I see them are: (1) Under Florida law, does a landlord have to refund rent money paid in a lump sum, when the tenant dies unexpectedly and the lease does not expressly state that it is a single annual payment? (2) Under Florida law, does a landlord have to refund rent money paid in a lump sum, when the tenant dies unexpectedly and the landlord releases the unit? (3) Under Florida law, if a lease agreement inures to the benefit of a tenant's heirs, does the landlord have the right to terminate the lease when rent is paid in a single annual payment? Any opinions will be greatly appreciated. Thank you. Regards, AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F. 561.989.3204 <http://www.horkylaw.com> www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.