[RPPTL LandTen] Hypo regarding last month's rent
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has done $1500 damages
Can landlord make a claim on the sec dep AND LMR
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has $1000 damages
April rent becomes due and LL is sending out claim on Sec Dep
Can landlord make a claim on the Sec Dep AND LMR
Bottom line question. Can LMR be used/claimed if it is not the last month of the lease or must it be returned even though tenant may owe rent or have damages that exceed the Sec Dep.?
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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Harry:
Unless the lease has a termination right, it seems that the last month has not occurred and the tenant owes all of the rent to the end of the term. So the LMR can be applied to rent owed.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015
Direct Phone 954-343-6941
David.Weisman@gmlaw.commailto:David.Weisman@gmlaw.com
www.GMlaw.comhttp://www.gmlaw.com/
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, March 13, 2017 2:02 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Hypo regarding last month's rent
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has done $1500 damages
Can landlord make a claim on the sec dep AND LMR
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has $1000 damages
April rent becomes due and LL is sending out claim on Sec Dep
Can landlord make a claim on the Sec Dep AND LMR
Bottom line question. Can LMR be used/claimed if it is not the last month of the lease or must it be returned even though tenant may owe rent or have damages that exceed the Sec Dep.?
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image002.png@01D29C04.51442B70]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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A portion of our practice involves the collection of debt and any
information you provide will be used for that purpose if we are attempting
to collect a debt from you.
-
Yes, under these facts. I believe that you will find case law provides the general rule that payment of advance rent is a contractual promise by the tenant to make the payment whether or not the tenant uses the property for the future term. It becomes the property of landlord upon payment, subject to landlord’s fulfillment of performance. -
Yes.
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.netmailto:jtaplin@taplinlaw.net
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Monday, March 13, 2017 2:16 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Hypo regarding last month's rent
Harry:
Unless the lease has a termination right, it seems that the last month has not occurred and the tenant owes all of the rent to the end of the term. So the LMR can be applied to rent owed.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015
Direct Phone 954-343-6941
David.Weisman@gmlaw.commailto:David.Weisman@gmlaw.com
www.GMlaw.comhttp://www.gmlaw.com/
[gm-horizontal-bw_nolaw2 (2)]
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, March 13, 2017 2:02 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Hypo regarding last month's rent
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has done $1500 damages
Can landlord make a claim on the sec dep AND LMR
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has $1000 damages
April rent becomes due and LL is sending out claim on Sec Dep
Can landlord make a claim on the Sec Dep AND LMR
Bottom line question. Can LMR be used/claimed if it is not the last month of the lease or must it be returned even though tenant may owe rent or have damages that exceed the Sec Dep.?
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image002.png@01D29C06.823899D0]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail.
Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, ''written advice'' as defined in Section 10.37 of Treasury Department Circular 230.
A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.
I do not believe the LMR has to be returned or a claim made on it under any circumstance. I believe it is the LLs upon payment. I do believe, however, the LL would have to credit the LMR against any liability of tenant.
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS@CARUSILAW.COMmailto:PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
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 PRIVILEGED and 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.
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From: landten-bounces@lists.flabarrpptl.org [landten-bounces@lists.flabarrpptl.org] on behalf of Harry Heist [harry@evict.com]
Sent: Monday, March 13, 2017 2:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Hypo regarding last month's rent
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has done $1500 damages
Can landlord make a claim on the sec dep AND LMR
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has $1000 damages
April rent becomes due and LL is sending out claim on Sec Dep
Can landlord make a claim on the Sec Dep AND LMR
Bottom line question. Can LMR be used/claimed if it is not the last month of the lease or must it be returned even though tenant may owe rent or have damages that exceed the Sec Dep.?
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image002.png@01D29C02.5A495A30]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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My opinion is a more cautious, considering prevailing party atty fees.
-
Unless lease permits LMR to be used for any amounts owed LL, then, assuming LL chooses rent till relet as damages, LMR has to be returned to tnt. LMR can only be used for last month's rent of actual occupancy, which was March and was paid. OR LMR can only be used for last month of lease term as stated in lease (December)
-
Same as 1. Alternate risky option: LL sends Notice of Claim April 2nd and claims LMR as April rent damage with notice that if relet before April 30th unused balance will be returned. Tnt objects and sues. Judge, construing lease against LL drafter, agrees with tnt under either or both of above arguments.
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com
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. This e-mail and its attachments are confidential and intended to be protected by the attorney-client privilege and/or work product doctrine. Any use inconsistent with these protections, including unauthorized forwarding to third parties, is strictly prohibited.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi, Esq.
Sent: Monday, March 13, 2017 2:42 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Hypo regarding last month's rent
I do not believe the LMR has to be returned or a claim made on it under any circumstance. I believe it is the LLs upon payment. I do believe, however, the LL would have to credit the LMR against any liability of tenant.
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER'S E-MAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS@CARUSILAW.COMmailto:PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
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 PRIVILEGED and 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.
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.
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to apolloniaauciello@bellsouth.netmailto:apolloniaauciello@bellsouth.net.
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [landten-bounces@lists.flabarrpptl.org] on behalf of Harry Heist [harry@evict.com]
Sent: Monday, March 13, 2017 2:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Hypo regarding last month's rent
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has done $1500 damages
Can landlord make a claim on the sec dep AND LMR
-
Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has $1000 damages
April rent becomes due and LL is sending out claim on Sec Dep
Can landlord make a claim on the Sec Dep AND LMR
Bottom line question. Can LMR be used/claimed if it is not the last month of the lease or must it be returned even though tenant may owe rent or have damages that exceed the Sec Dep.?
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image001.png@01D29C11.34DD9680]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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