[RPPTL LandTen] Emotional Support Animal CLE credit information
Good morning:
Please see the attached for those who attended this CLE at the Convention.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera Kim, PLLC
2200 NW Corporate Boulevard
Suite 210
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-431-0167
Email: cas@sk-attorneys.commailto:cas@sk-attorneys.com
Secondary Email: cas@sajderakimlaw.commailto:cas@sajderakimlaw.com
Fort Lauderdale Office:
2005 W. Cypress Creek Rd.
Suite 203
Ft. Lauderdale, FL 33309
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
In a commercial lease which provides "Landlord shall have no such obligation to relet the Premises, and Landlord's failure or refusal to do so, or failure to collect rent on reletting, shall not affect Tenant's liability hereunder." is there any law which provides the landlord continues to have an obligation to relet and mitigate?
I represent Landlord and am being told that we are required to mitigate.
This email message was sent by:
Lloyd Granet | Board Certified Real Estate Attorney
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
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NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately 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 Christopher A. Sajdera
Sent: Friday, September 27, 2019 11:11 AM
To: 'landten@lists.flabarrpptl.org' landten@lists.flabarrpptl.org; 'landtenCL@lists.flabarrpptl.org' landtenCL@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@sk-attorneys.com
Subject: [RPPTL LandTen] Emotional Support Animal CLE credit information
Good morning:
Please see the attached for those who attended this CLE at the Convention.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera Kim, PLLC
2200 NW Corporate Boulevard
Suite 210
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-431-0167
Email: cas@sk-attorneys.commailto:cas@sk-attorneys.com
Secondary Email: cas@sajderakimlaw.commailto:cas@sajderakimlaw.com
Fort Lauderdale Office:
2005 W. Cypress Creek Rd.
Suite 203
Ft. Lauderdale, FL 33309
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
Has Landlord retaken possession of the premises or is Tenant still in possession?
Sent from my iPhone
On Oct 10, 2019, at 8:48 AM, Lloyd Granet lgranet@granetlaw.com wrote:
In a commercial lease which provides “Landlord shall have no such obligation to relet the Premises, and Landlord's failure or refusal to do so, or failure to collect rent on reletting, shall not affect Tenant's liability hereunder." is there any law which provides the landlord continues to have an obligation to relet and mitigate?
I represent Landlord and am being told that we are required to mitigate.
This email message was sent by:
Lloyd Granet | Board Certified Real Estate Attorney
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.commailto:lgranet@granetlaw.com
NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately 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 Christopher A. Sajdera
Sent: Friday, September 27, 2019 11:11 AM
To: 'landten@lists.flabarrpptl.org' landten@lists.flabarrpptl.org; 'landtenCL@lists.flabarrpptl.org' landtenCL@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@sk-attorneys.com
Subject: [RPPTL LandTen] Emotional Support Animal CLE credit information
Good morning:
Please see the attached for those who attended this CLE at the Convention.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera Kim, PLLC
2200 NW Corporate Boulevard
Suite 210
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-431-0167
Email: cas@sk-attorneys.commailto:cas@sk-attorneys.com
Secondary Email: cas@sajderakimlaw.commailto:cas@sajderakimlaw.com
Fort Lauderdale Office:
2005 W. Cypress Creek Rd.
Suite 203
Ft. Lauderdale, FL 33309
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
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Lloyd,
My understanding (like you, I'm too lazy to research the issue), is that a commercial landlord in FL has a duty to mitigate only if its retakes possession of the premises without terminating the lease. Alternatively, landlord could sit back and recover rent on a monthly basis.
Rick
Richard Eckhard | Holland & Knight
Partner
Holland & Knight LLP
100 North Tampa Street, Suite 4100 | Tampa, Florida 33602
Phone 813.227.6417 | Fax 813.314.5109
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Lloyd Granet
Sent: Thursday, October 10, 2019 8:48 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org; 'landtenCL@lists.flabarrpptl.org' landtenCL@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emotional Support Animal CLE credit information
[External email]
In a commercial lease which provides "Landlord shall have no such obligation to relet the Premises, and Landlord's failure or refusal to do so, or failure to collect rent on reletting, shall not affect Tenant's liability hereunder." is there any law which provides the landlord continues to have an obligation to relet and mitigate?
I represent Landlord and am being told that we are required to mitigate.
This email message was sent by:
Lloyd Granet | Board Certified Real Estate Attorney
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.commailto:lgranet@granetlaw.com
NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately at (561) 999-9300 (collect) and destroy this communication. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Christopher A. Sajdera
Sent: Friday, September 27, 2019 11:11 AM
To: 'landten@lists.flabarrpptl.org' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>; 'landtenCL@lists.flabarrpptl.org' <landtenCL@lists.flabarrpptl.orgmailto:landtenCL@lists.flabarrpptl.org>
Cc: Christopher A. Sajdera <cas@sk-attorneys.commailto:cas@sk-attorneys.com>
Subject: [RPPTL LandTen] Emotional Support Animal CLE credit information
Good morning:
Please see the attached for those who attended this CLE at the Convention.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera Kim, PLLC
2200 NW Corporate Boulevard
Suite 210
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-431-0167
Email: cas@sk-attorneys.commailto:cas@sk-attorneys.com
Secondary Email: cas@sajderakimlaw.commailto:cas@sajderakimlaw.com
Fort Lauderdale Office:
2005 W. Cypress Creek Rd.
Suite 203
Ft. Lauderdale, FL 33309
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.
Broadly speaking, there is no "duty to mitigate" under Florida law and certainly no duty for a landlord to do so. Williams v. Aeroland Oil Company, 20 So. 2d 346 (Fla. 1944), holds:
It seems to be reasonably well settled by the weight of authority that upon the breach, abandonment or renunciation of a lease by the lessee before the expiration of the term the lessor has the choice of one of three courses of action: He may treat the lease as terminated and resume possession of the premises, thereafter using the same exclusively as his own for his own purposes; or, he may retake possession of the premises for the account of the tenant, holding the tenant in general damages for the difference between the rentals stipulated to be paid and what, in good faith, the landlord is able to recover from a reletting; or, he may stand by and do nothing, and sue the lessee as each installment of rent matures, or for the whole when it becomes due.
As to the "duty to mitigate," the Notes on Use for Florida Business Jury Instruction 504.9 states:
This instruction is intended primarily for use in exclusive contract cases when the defense of mitigation of damages has been asserted, as non-exclusive contracts are generally considered an exception to the doctrine of avoidable consequences. See Graphic Assocs., Inc. v. Riviana Rest. Corp., 461 So.2d 1011, 1014 (Fla. 4th DCA 1984); Calimari and Perillo, THE LAW OF CONTRACTS § 14-16. This instruction does not use the somewhat inaccurate term “duty to mitigate” damages because “[t]here is no actual ‘duty to mitigate,’ because the injured party is not compelled to undertake any ameliorative efforts.” Sys. Components Corp. v. Fla. Dep’t of Transp., 14 So.3d 967, 982 (Fla. 2009).
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-----Original Message-----
From: landtencl-bounces@lists.flabarrpptl.org landtencl-bounces@lists.flabarrpptl.org On Behalf Of Wulf, Henry
Sent: Thursday, October 10, 2019 8:52 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Cc: landtenCL@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTenCL] [RPPTL LandTen] Emotional Support Animal CLE credit information
Has Landlord retaken possession of the premises or is Tenant still in possession?
Sent from my iPhone
On Oct 10, 2019, at 8:48 AM, Lloyd Granet lgranet@granetlaw.com wrote:
In a commercial lease which provides “Landlord shall have no such obligation to relet the Premises, and Landlord's failure or refusal to do so, or failure to collect rent on reletting, shall not affect Tenant's liability hereunder." is there any law which provides the landlord continues to have an obligation to relet and mitigate?
I represent Landlord and am being told that we are required to mitigate.
This email message was sent by:
Lloyd Granet | Board Certified Real Estate Attorney 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.commailto:lgranet@granetlaw.com
NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately 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 Christopher A. Sajdera
Sent: Friday, September 27, 2019 11:11 AM
To: 'landten@lists.flabarrpptl.org' landten@lists.flabarrpptl.org; 'landtenCL@lists.flabarrpptl.org' landtenCL@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@sk-attorneys.com
Subject: [RPPTL LandTen] Emotional Support Animal CLE credit information
Good morning:
Please see the attached for those who attended this CLE at the Convention.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera Kim, PLLC
2200 NW Corporate Boulevard
Suite 210
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-431-0167
Email: cas@sk-attorneys.commailto:cas@sk-attorneys.com
Secondary Email: cas@sajderakimlaw.commailto:cas@sajderakimlaw.com
Fort Lauderdale Office:
2005 W. Cypress Creek Rd.
Suite 203
Ft. Lauderdale, FL 33309
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
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Depends entirely on the language of the Lease which almost always entitles landlord to sit back and do nothing as an option.
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of rick.eckhard@hklaw.com
Sent: Thursday, October 10, 2019 8:54 AM
To: landten@lists.flabarrpptl.org; landtenCL@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emotional Support Animal CLE credit information
Lloyd,
My understanding (like you, I'm too lazy to research the issue), is that a commercial landlord in FL has a duty to mitigate only if its retakes possession of the premises without terminating the lease. Alternatively, landlord could sit back and recover rent on a monthly basis.
Rick
Richard Eckhard | Holland & Knight
Partner
Holland & Knight LLP
100 North Tampa Street, Suite 4100 | Tampa, Florida 33602
Phone 813.227.6417 | Fax 813.314.5109
rick.eckhard@hklaw.commailto:rick.eckhard@hklaw.com | www.hklaw.comhttp://www.hklaw.com/
Add to address bookhttps://www.hklaw.com/Richard-Eckhard?format=vcard | View professional biographyhttps://www.hklaw.com/Richard-Eckhard
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Lloyd Granet
Sent: Thursday, October 10, 2019 8:48 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>; 'landtenCL@lists.flabarrpptl.org' <landtenCL@lists.flabarrpptl.orgmailto:landtenCL@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Emotional Support Animal CLE credit information
[External email]
In a commercial lease which provides "Landlord shall have no such obligation to relet the Premises, and Landlord's failure or refusal to do so, or failure to collect rent on reletting, shall not affect Tenant's liability hereunder." is there any law which provides the landlord continues to have an obligation to relet and mitigate?
I represent Landlord and am being told that we are required to mitigate.
This email message was sent by:
Lloyd Granet | Board Certified Real Estate Attorney
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.commailto:lgranet@granetlaw.com
NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately at (561) 999-9300 (collect) and destroy this communication. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Christopher A. Sajdera
Sent: Friday, September 27, 2019 11:11 AM
To: 'landten@lists.flabarrpptl.org' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>; 'landtenCL@lists.flabarrpptl.org' <landtenCL@lists.flabarrpptl.orgmailto:landtenCL@lists.flabarrpptl.org>
Cc: Christopher A. Sajdera <cas@sk-attorneys.commailto:cas@sk-attorneys.com>
Subject: [RPPTL LandTen] Emotional Support Animal CLE credit information
Good morning:
Please see the attached for those who attended this CLE at the Convention.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera Kim, PLLC
2200 NW Corporate Boulevard
Suite 210
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-431-0167
Email: cas@sk-attorneys.commailto:cas@sk-attorneys.com
Secondary Email: cas@sajderakimlaw.commailto:cas@sajderakimlaw.com
Fort Lauderdale Office:
2005 W. Cypress Creek Rd.
Suite 203
Ft. Lauderdale, FL 33309
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.
Exactly the right question. Here are a couple cases providing that there is no duty to mitigate unless landlord retakes possession.
Coast Fed. Sav. & Loan Ass’n v. DeLoach, 362 So. 2d 982 (Fla. 2d DCA 1978)
Fairway Mortg. Sols., Inc. v. Locust Gardens, 988 So. 2d 678 (Fla. 4th DCA 2008)
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Wulf, Henry
Sent: Thursday, October 10, 2019 8:52 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Cc: landtenCL@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emotional Support Animal CLE credit information
Has Landlord retaken possession of the premises or is Tenant still in possession?
Sent from my iPhone
On Oct 10, 2019, at 8:48 AM, Lloyd Granet <lgranet@granetlaw.commailto:lgranet@granetlaw.com> wrote:
In a commercial lease which provides “Landlord shall have no such obligation to relet the Premises, and Landlord's failure or refusal to do so, or failure to collect rent on reletting, shall not affect Tenant's liability hereunder." is there any law which provides the landlord continues to have an obligation to relet and mitigate?
I represent Landlord and am being told that we are required to mitigate.
This email message was sent by:
Lloyd Granet | Board Certified Real Estate Attorney
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.commailto:lgranet@granetlaw.com%3cmailto:lgranet@granetlaw.com>
NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately at (561) 999-9300 (collect) and destroy this communication. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Christopher A. Sajdera
Sent: Friday, September 27, 2019 11:11 AM
To: 'landten@lists.flabarrpptl.org' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>; 'landtenCL@lists.flabarrpptl.org' <landtenCL@lists.flabarrpptl.orgmailto:landtenCL@lists.flabarrpptl.org>
Cc: Christopher A. Sajdera <cas@sk-attorneys.commailto:cas@sk-attorneys.com>
Subject: [RPPTL LandTen] Emotional Support Animal CLE credit information
Good morning:
Please see the attached for those who attended this CLE at the Convention.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera Kim, PLLC
2200 NW Corporate Boulevard
Suite 210
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-431-0167
Email: cas@sk-attorneys.com<mailto:cas@sk-attorneys.commailto:cas@sk-attorneys.com%3cmailto:cas@sk-attorneys.com>
Secondary Email: cas@sajderakimlaw.com<mailto:cas@sajderakimlaw.commailto:cas@sajderakimlaw.com%3cmailto:cas@sajderakimlaw.com>
Fort Lauderdale Office:
2005 W. Cypress Creek Rd.
Suite 203
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Thanks, Manuel. Very informative.
Best,
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.bocabusinesslawyer.com
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-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Farach, Manny
Sent: Thursday, October 10, 2019 9:01 AM
To: RPPTL Landlord Tennant Committee; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] [RPPTL LandTenCL] Emotional Support Animal CLE credit information
Broadly speaking, there is no "duty to mitigate" under Florida law and certainly no duty for a landlord to do so. Williams v. Aeroland Oil Company, 20 So. 2d 346 (Fla. 1944), holds:
It seems to be reasonably well settled by the weight of authority that upon the breach, abandonment or renunciation of a lease by the lessee before the expiration of the term the lessor has the choice of one of three courses of action: He may treat the lease as terminated and resume possession of the premises, thereafter using the same exclusively as his own for his own purposes; or, he may retake possession of the premises for the account of the tenant, holding the tenant in general damages for the difference between the rentals stipulated to be paid and what, in good faith, the landlord is able to recover from a reletting; or, he may stand by and do nothing, and sue the lessee as each installment of rent matures, or for the whole when it becomes due.
As to the "duty to mitigate," the Notes on Use for Florida Business Jury Instruction 504.9 states:
This instruction is intended primarily for use in exclusive contract cases when the defense of mitigation of damages has been asserted, as non-exclusive contracts are generally considered an exception to the doctrine of avoidable consequences. See Graphic Assocs., Inc. v. Riviana Rest. Corp., 461 So.2d 1011, 1014 (Fla. 4th DCA 1984); Calimari and Perillo, THE LAW OF CONTRACTS § 14-16. This instruction does not use the somewhat inaccurate term “duty to mitigate” damages because “[t]here is no actual ‘duty to mitigate,’ because the injured party is not compelled to undertake any ameliorative efforts.” Sys. Components Corp. v. Fla. Dep’t of Transp., 14 So.3d 967, 982 (Fla. 2009).
Manuel Farach
McGlinchey Stafford
p: (954) 356-2528
One E Broward Blvd, Ste 1400 | Fort Lauderdale, FL 33301
-----Original Message-----
From: landtencl-bounces@lists.flabarrpptl.org landtencl-bounces@lists.flabarrpptl.org On Behalf Of Wulf, Henry
Sent: Thursday, October 10, 2019 8:52 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Cc: landtenCL@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTenCL] [RPPTL LandTen] Emotional Support Animal CLE credit information
Has Landlord retaken possession of the premises or is Tenant still in possession?
Sent from my iPhone
On Oct 10, 2019, at 8:48 AM, Lloyd Granet lgranet@granetlaw.com wrote:
In a commercial lease which provides “Landlord shall have no such obligation to relet the Premises, and Landlord's failure or refusal to do so, or failure to collect rent on reletting, shall not affect Tenant's liability hereunder." is there any law which provides the landlord continues to have an obligation to relet and mitigate?
I represent Landlord and am being told that we are required to mitigate.
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Christopher A. Sajdera
Sent: Friday, September 27, 2019 11:11 AM
To: 'landten@lists.flabarrpptl.org' landten@lists.flabarrpptl.org; 'landtenCL@lists.flabarrpptl.org' landtenCL@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@sk-attorneys.com
Subject: [RPPTL LandTen] Emotional Support Animal CLE credit information
Good morning:
Please see the attached for those who attended this CLE at the Convention.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera Kim, PLLC
2200 NW Corporate Boulevard
Suite 210
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-431-0167
Email: cas@sk-attorneys.commailto:cas@sk-attorneys.com
Secondary Email: cas@sajderakimlaw.commailto:cas@sajderakimlaw.com
Fort Lauderdale Office:
2005 W. Cypress Creek Rd.
Suite 203
Ft. Lauderdale, FL 33309
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
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