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Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: early termination fees....plus 60 days' notice? C'mon already...

Lloyd Granet

Tue, Jun 24, 2014 1:50 PM

If there is a group that would like to work on a recommendation and a white paper we can do that.

This is a call for volunteers.

This email message was sent by:

Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com mailto:lgranet@granetlaw.com

NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, June 24, 2014 9:45 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

While I am not proud of the outcome, we worked on this law for 2 years. It was vetoed once by Crist who made us take out a concession payback. Based on the legislative history, back and forth and all the rest, it is my feeling that the 60 days' notice is meaningless and confusing.

I tell my clients that if they vacate with 1 day notice or give 60, they only will owe a max of 2 month's rent.

The law needs to be fixed.

You could argue as well that if they don't give the 60, it jumps down to #2

I really wish our group would take more initiative on this and clean some of this up.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
[cid:image001.png@01CF8F91.A3356890]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, June 23, 2014 5:20 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

Sorry I read it too quickly. I see you did say in the addendum.

Below is the language from the 2010 Fla Bar Forms
EARLY TERMINATION FEE/LIQUIDATED DAMAGES ADDENDUM
[....] I agree, as provided in the rental agreement, to pay $_______ (an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.
[50 So.3d 524]
[....] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.
_________________________
Signatures
[50 So.3d 525]
I think the plain meaning of the language in the form is that the tenant terminates, moves out at any time after he terminates and the tenant is required to pay two additional months after he tenders the keys. If it is a month to month I don't think the day the tenant moves out, if he moves out on the 3rd or 10th or 20th of the month, the tenant owes for the month he move plus 2 additional months. I don't think the tenant is required to stay two months and in addition must pay two months.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org]mailto:[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Horky Law
Sent: Monday, June 23, 2014 5:02 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

The addendum is separate from the lease.

Sent from Anthony Horky's mobile email
From: Leonard Cabral
Sent: Monday, June 23, 2014 4:45 PM
To: lesstevens@earthlink.net mailto:lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

Anthony:
It was my understanding that the liquidated damages provision you are discussing was required to be on a separate page of the lease and signed to be enforceable. Anyone know if that changed?
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, June 23, 2014 3:14 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

It was my understanding when the law passed that the Liquidation Addendum was to eliminate protracted eviction/damages litigation in the event the Tenant just moves out (with or without notice)...therefore the 60 days + would not seem to fit, in my opinion.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, June 23, 2014 3:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

Hello all. I ask for some guidance on the following issue.

Residential tenant has liquidated damages addendum for early termination equal to two months' rent. Paragraph 3 of the lease," Lease Term and Termination Notice Requirements" states that the lease will automatically renew on a month to month basis unless tenant provides 60 days' notice of termination or intent to move out. In the early termination addendum, it states that landlord is entitled to all rent that accrued through the end of the month in which it retakes possession.

Landlord tells tenant he must give 60 days' notice and pay the 2 month early termination fee. I don't think that is correct-the purpose of the early termination fees is just that, when a tenant decides to terminate the lease prior to the end of the term.

Your opinions on whether the tenant must give 60 days AND pay 2 months' rent is invited and 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: 561.952.0096
www.horkylaw.com http://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: ahorky@horkylaw.com mailto: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.

If there is a group that would like to work on a recommendation and a white paper we can do that. This is a call for volunteers. This email message was sent by: _______________________________ Lloyd Granet Law Offices of Lloyd Granet, P.A. 2295 NW Corporate Boulevard, Suite 235 Boca Raton, FL 33431 Direct Dial: (561) 999-0090 Main Number: (561) 999-9300 x110 Fax: (561) 999-9400 Email: lgranet@granetlaw.com<mailto:lgranet@granetlaw.com> NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Tuesday, June 24, 2014 9:45 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... While I am not proud of the outcome, we worked on this law for 2 years. It was vetoed once by Crist who made us take out a concession payback. Based on the legislative history, back and forth and all the rest, it is my feeling that the 60 days' notice is meaningless and confusing. I tell my clients that if they vacate with 1 day notice or give 60, they only will owe a max of 2 month's rent. The law needs to be fixed. You could argue as well that if they don't give the 60, it jumps down to #2 I really wish our group would take more initiative on this and clean some of this up. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01CF8F91.A3356890]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Monday, June 23, 2014 5:20 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... Sorry I read it too quickly. I see you did say in the addendum. Below is the language from the 2010 Fla Bar Forms EARLY TERMINATION FEE/LIQUIDATED DAMAGES ADDENDUM [....] I agree, as provided in the rental agreement, to pay $_______ (an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. [50 So.3d 524] [....] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law. _________________________ Signatures [50 So.3d 525] I think the plain meaning of the language in the form is that the tenant terminates, moves out at any time after he terminates and the tenant is required to pay two additional months after he tenders the keys. If it is a month to month I don't think the day the tenant moves out, if he moves out on the 3rd or 10th or 20th of the month, the tenant owes for the month he move plus 2 additional months. I don't think the tenant is required to stay two months and in addition must pay two months. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org]<mailto:[mailto:landten-bounces@lists.flabarrpptl.org]> On Behalf Of Horky Law Sent: Monday, June 23, 2014 5:02 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... The addendum is separate from the lease. Sent from Anthony Horky's mobile email From: Leonard Cabral Sent: Monday, June 23, 2014 4:45 PM To: lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>; RPPTL Landlord Tenant Committee Reply To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... Anthony: It was my understanding that the liquidated damages provision you are discussing was required to be on a separate page of the lease and signed to be enforceable. Anyone know if that changed? Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Monday, June 23, 2014 3:14 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... It was my understanding when the law passed that the Liquidation Addendum was to eliminate protracted eviction/damages litigation in the event the Tenant just moves out (with or without notice)...therefore the 60 days + would not seem to fit, in my opinion. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________________________________________________________________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, June 23, 2014 3:00 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... Hello all. I ask for some guidance on the following issue. Residential tenant has liquidated damages addendum for early termination equal to two months' rent. Paragraph 3 of the lease," Lease Term and Termination Notice Requirements" states that the lease will automatically renew on a month to month basis unless tenant provides 60 days' notice of termination or intent to move out. In the early termination addendum, it states that landlord is entitled to all rent that accrued through the end of the month in which it retakes possession. Landlord tells tenant he must give 60 days' notice and pay the 2 month early termination fee. I don't think that is correct-the purpose of the early termination fees is just that, when a tenant decides to terminate the lease prior to the end of the term. Your opinions on whether the tenant must give 60 days AND pay 2 months' rent is invited and 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: 561.952.0096 www.horkylaw.com<http://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: ahorky@horkylaw.com<mailto: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.

Leonard Cabral

Thu, Jun 26, 2014 3:01 AM

If a group is formed I would like to work on the group.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Tuesday, June 24, 2014 9:51 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: early termination fees....plus 60 days' notice? C'mon already...

If there is a group that would like to work on a recommendation and a white paper we can do that.

This is a call for volunteers.

This email message was sent by:

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, June 24, 2014 9:45 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

I tell my clients that if they vacate with 1 day notice or give 60, they only will owe a max of 2 month's rent.

The law needs to be fixed.

You could argue as well that if they don't give the 60, it jumps down to #2

I really wish our group would take more initiative on this and clean some of this up.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
[cid:image001.png@01CF90C9.6D89B000]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

Sorry I read it too quickly. I see you did say in the addendum.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com

The addendum is separate from the lease.

Hello all. I ask for some guidance on the following issue.

Your opinions on whether the tenant must give 60 days AND pay 2 months' rent is invited and 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: 561.952.0096
www.horkylaw.com http://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: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

If a group is formed I would like to work on the group. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet Sent: Tuesday, June 24, 2014 9:51 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: early termination fees....plus 60 days' notice? C'mon already... If there is a group that would like to work on a recommendation and a white paper we can do that. This is a call for volunteers. This email message was sent by: _______________________________ Lloyd Granet Law Offices of Lloyd Granet, P.A. 2295 NW Corporate Boulevard, Suite 235 Boca Raton, FL 33431 Direct Dial: (561) 999-0090 Main Number: (561) 999-9300 x110 Fax: (561) 999-9400 Email: lgranet@granetlaw.com<mailto:lgranet@granetlaw.com> NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Tuesday, June 24, 2014 9:45 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... While I am not proud of the outcome, we worked on this law for 2 years. It was vetoed once by Crist who made us take out a concession payback. Based on the legislative history, back and forth and all the rest, it is my feeling that the 60 days' notice is meaningless and confusing. I tell my clients that if they vacate with 1 day notice or give 60, they only will owe a max of 2 month's rent. The law needs to be fixed. You could argue as well that if they don't give the 60, it jumps down to #2 I really wish our group would take more initiative on this and clean some of this up. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01CF90C9.6D89B000]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Monday, June 23, 2014 5:20 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... Sorry I read it too quickly. I see you did say in the addendum. Below is the language from the 2010 Fla Bar Forms EARLY TERMINATION FEE/LIQUIDATED DAMAGES ADDENDUM [....] I agree, as provided in the rental agreement, to pay $_______ (an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. [50 So.3d 524] [....] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law. _________________________ Signatures [50 So.3d 525] I think the plain meaning of the language in the form is that the tenant terminates, moves out at any time after he terminates and the tenant is required to pay two additional months after he tenders the keys. If it is a month to month I don't think the day the tenant moves out, if he moves out on the 3rd or 10th or 20th of the month, the tenant owes for the month he move plus 2 additional months. I don't think the tenant is required to stay two months and in addition must pay two months. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org]<mailto:[mailto:landten-bounces@lists.flabarrpptl.org]> On Behalf Of Horky Law Sent: Monday, June 23, 2014 5:02 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... The addendum is separate from the lease. Sent from Anthony Horky's mobile email From: Leonard Cabral Sent: Monday, June 23, 2014 4:45 PM To: lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>; RPPTL Landlord Tenant Committee Reply To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... Anthony: It was my understanding that the liquidated damages provision you are discussing was required to be on a separate page of the lease and signed to be enforceable. Anyone know if that changed? Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Monday, June 23, 2014 3:14 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... It was my understanding when the law passed that the Liquidation Addendum was to eliminate protracted eviction/damages litigation in the event the Tenant just moves out (with or without notice)...therefore the 60 days + would not seem to fit, in my opinion. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________________________________________________________________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, June 23, 2014 3:00 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already... Hello all. I ask for some guidance on the following issue. Residential tenant has liquidated damages addendum for early termination equal to two months' rent. Paragraph 3 of the lease," Lease Term and Termination Notice Requirements" states that the lease will automatically renew on a month to month basis unless tenant provides 60 days' notice of termination or intent to move out. In the early termination addendum, it states that landlord is entitled to all rent that accrued through the end of the month in which it retakes possession. Landlord tells tenant he must give 60 days' notice and pay the 2 month early termination fee. I don't think that is correct-the purpose of the early termination fees is just that, when a tenant decides to terminate the lease prior to the end of the term. Your opinions on whether the tenant must give 60 days AND pay 2 months' rent is invited and greatly appreciated. Thank you. Regards, [AJH Logo mark] Anthony J. Horky, Esquire Anthony J. 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