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RPPTL Real Estate Leasing Committee

[RPPTL LandTen] Section 83.51

Arthur J. Menor

Fri, May 18, 2012 3:50 PM

What remedies does a tenant have for a violation of Section 83.51?

If a landlord is performing a major renovation project at an apartment project that will require the tenant to relocate from the premises for six weeks or more what remedies are available to the tenant under Section 83.51 or otherwise?

[cid:image001.jpg@01CD34EC.73EB2950]

Arthur J. Menor
Partner

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mailmailto:AMenor@shutts.com | Biographyhttp://www.shutts.com/attorneys-Arthur-Menor.html | V-Cardhttp://www.shutts.com/vcard-132.vcf | Websitehttp://www.shutts.com

</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

What remedies does a tenant have for a violation of Section 83.51? If a landlord is performing a major renovation project at an apartment project that will require the tenant to relocate from the premises for six weeks or more what remedies are available to the tenant under Section 83.51 or otherwise? [cid:image001.jpg@01CD34EC.73EB2950] Arthur J. Menor Partner ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8510 | Fax: (561) 822-5510 E-Mail<mailto:AMenor@shutts.com> | Biography<http://www.shutts.com/attorneys-Arthur-Menor.html> | V-Card<http://www.shutts.com/vcard-132.vcf> | Website<http://www.shutts.com> </pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

Andrew F. Garofalo

Fri, May 18, 2012 4:53 PM

Question is whether the breach is due to a cause within or outside landlord’s control. If renovations are necessary for safety or code issues and not due to landlord’s negligence or improper maintenance, then they are probably outside of landlord’s control. If renovations are being made voluntarily like solely for aesthetic purposes or because of landlord’s negligence or lack of maintenance, then renovations are probably within landlord’s control.

I haven’t looked at any cases on this issue though.

83.55 Right of action for damages.—If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance.

History.—s. 2, ch. 73-330.

83.56 Termination of rental agreement.—

(1) If the landlord materially fails to comply with s. http://www.flsenate.gov/Laws/Statutes/2011/83.51 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. http://www.flsenate.gov/Laws/Statutes/2011/83.51 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:

(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.

(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

mailto:andrew@garofalolaw.net andrew@garofalolaw.net

Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
http://www.garofalolaw.net/ www.garofalolaw.net

The information in this communication (including any attachments) is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Friday, May 18, 2012 11:51 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Section 83.51

What remedies does a tenant have for a violation of Section 83.51?

http://www.shutts.com/shutts100.jpg

Arthur J. Menor
Partner

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
mailto:AMenor@shutts.com E-Mail | http://www.shutts.com/attorneys-Arthur-Menor.html Biography | http://www.shutts.com/vcard-132.vcf V-Card | http://www.shutts.com Website

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
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email reply. Thank you.

Based on below, if a material breach is due to causes within landlord’s control, tenant can terminate after the required notice and recover damages. If the material breach is due to causes outside of landlord’s control and landlord is making reasonable efforts to cure, then “parties” can terminate or tenant can vacate during the period the premises remains uninhabitable and will not be responsible to pay rent during that period, or if the premises is not uninhabitable tenant may remain in the premises and receive a rent reduction in proportion to loss of rental value for the period of noncompliance. Use of the word “parties” seems to indicate that landlord and tenant must agree to alter the lease (and also possibly to terminate it). Question is whether the breach is due to a cause within or outside landlord’s control. If renovations are necessary for safety or code issues and not due to landlord’s negligence or improper maintenance, then they are probably outside of landlord’s control. If renovations are being made voluntarily like solely for aesthetic purposes or because of landlord’s negligence or lack of maintenance, then renovations are probably within landlord’s control. I haven’t looked at any cases on this issue though. 83.55 Right of action for damages.—If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance. History.—s. 2, ch. 73-330. 83.56 Termination of rental agreement.— (1) If the landlord materially fails to comply with s. <http://www.flsenate.gov/Laws/Statutes/2011/83.51> 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. <http://www.flsenate.gov/Laws/Statutes/2011/83.51> 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows: (a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable. (b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance. Andrew F. Garofalo Attorney at Law | Board Certified in Real Estate Law <mailto:andrew@garofalolaw.net> andrew@garofalolaw.net Garofalo Law Office P.A. 7401 Wiles Road, Suite 319 | Coral Springs, FL 33067 T: (888) 658-8686 | F: (888) 658-7360 <http://www.garofalolaw.net/> www.garofalolaw.net The information in this communication (including any attachments) is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor Sent: Friday, May 18, 2012 11:51 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Section 83.51 What remedies does a tenant have for a violation of Section 83.51? If a landlord is performing a major renovation project at an apartment project that will require the tenant to relocate from the premises for six weeks or more what remedies are available to the tenant under Section 83.51 or otherwise? http://www.shutts.com/shutts100.jpg Arthur J. Menor Partner _____ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8510 | Fax: (561) 822-5510 <mailto:AMenor@shutts.com> E-Mail | <http://www.shutts.com/attorneys-Arthur-Menor.html> Biography | <http://www.shutts.com/vcard-132.vcf> V-Card | <http://www.shutts.com> Website IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.