[RPPTL LandTen] Advance Rent and Unjust Enrichment After Eviction
Here’s my quick blurb on this one:
A single rental payment, even if it is for the period of one year, means that the rental payment is not “advance rent” under Fla. Stat. § 83.43 (9) that must be segregated in a separate account under the Landlord Tenant Act. A tenant that pays for an entire year but is properly evicted under the Act before the end of the rental period may not claim unused rent as “unjust enrichment” to the landlord.
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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
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To some degree it seems unfair to lose the entire year’s rent over a one-time incident. If anything, it’s a word to the wise to NOT negotiate a lump sum, single annual payment. Perhaps the tenant should have attacked the landlord’s right to give a 7-day notice to terminate, as opposed to a 7-day notice to cure.
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Sunday, April 28, 2013 5:28 PM
To: RPPTL Landlord Tenant Committee (landten@lists.flabarrpptl.org)
Subject: [RPPTL LandTen] Advance Rent and Unjust Enrichment After Eviction
Here’s my quick blurb on this one:
A single rental payment, even if it is for the period of one year, means that the rental payment is not “advance rent” under Fla. Stat. § 83.43 (9) that must be segregated in a separate account under the Landlord Tenant Act. A tenant that pays for an entire year but is properly evicted under the Act before the end of the rental period may not claim unused rent as “unjust enrichment” to the landlord.
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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com
Image removed by sender.
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message..
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