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Re: [RPPTL LandTen] Recent Case re Conditions Precedent

DC
Dennis Chen
Tue, Apr 9, 2013 4:59 AM

RSG, LLC v Lenet, 2013 LEXIS 2614; 38 Fla. L. Weekly D 399 (February 20,
2013)

This case appears to provide that a residential tenant is entitled to an
evidentiary hearing to determine if conditions precedent have been met
before the tenant is required to place rent in the registry.

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:  (407) 392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

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RSG, LLC v Lenet, 2013 LEXIS 2614; 38 Fla. L. Weekly D 399 (February 20, 2013) This case appears to provide that a residential tenant is entitled to an evidentiary hearing to determine if conditions precedent have been met before the tenant is required to place rent in the registry. Dennis A. Chen, Esq. Chen Law Firm, PA 5401 S. Kirkman Rd., Ste. 310 Orlando, Florida 32819 Tel: (407) 392-1872 Fax: 1-866-571-3421 dennis@chenlaw.net CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.
EJ
Eric Jacobs
Tue, Apr 9, 2013 10:49 AM

I consulted on this case very briefly at the end and really feel that this case was a terrible decision but has somewhat unique facts in that the central issue surrounded the tenant's position that it had never actually occupied the premises.  Still, the opinion is worded such as a way as it will be most assuredly used the way you suggest.  I would have liked to have seen a petition for rehearing en banc or further appellate efforts but it was not to be.

Eric Jacobs
Beloff |  Parker | Jacobs

From: Dennis Chen <dennis@chenlaw.netmailto:dennis@chenlaw.net>
Reply-To: RPPTL Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Tue, 9 Apr 2013 00:59:47 -0400
To: RPPTL Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Recent Case re Conditions Precedent

RSG, LLC v Lenet, 2013 LEXIS 2614; 38 Fla. L. Weekly D 399 (February 20, 2013)

This case appears to provide that a residential tenant is entitled to an evidentiary hearing to determine if conditions precedent have been met before the tenant is required to place rent in the registry.

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:  (407) 392-1872tel:%28407%29%20392-1872
Fax: 1-866-571-3421tel:1-866-571-3421
dennis@chenlaw.netmailto:dennis@chenlaw.net

CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

_______________________________________________ landten mailing list landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

I consulted on this case very briefly at the end and really feel that this case was a terrible decision but has somewhat unique facts in that the central issue surrounded the tenant's position that it had never actually occupied the premises. Still, the opinion is worded such as a way as it will be most assuredly used the way you suggest. I would have liked to have seen a petition for rehearing en banc or further appellate efforts but it was not to be. Eric Jacobs Beloff | Parker | Jacobs From: Dennis Chen <dennis@chenlaw.net<mailto:dennis@chenlaw.net>> Reply-To: RPPTL Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Date: Tue, 9 Apr 2013 00:59:47 -0400 To: RPPTL Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] Recent Case re Conditions Precedent RSG, LLC v Lenet, 2013 LEXIS 2614; 38 Fla. L. Weekly D 399 (February 20, 2013) This case appears to provide that a residential tenant is entitled to an evidentiary hearing to determine if conditions precedent have been met before the tenant is required to place rent in the registry. Dennis A. Chen, Esq. Chen Law Firm, PA 5401 S. Kirkman Rd., Ste. 310 Orlando, Florida 32819 Tel: (407) 392-1872<tel:%28407%29%20392-1872> Fax: 1-866-571-3421<tel:1-866-571-3421> dennis@chenlaw.net<mailto:dennis@chenlaw.net> CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten
A
apromoff (at) mindspring.com
Tue, Apr 9, 2013 12:16 PM

Bad facts-Bad law...
Sent on the Sprint® Now Network from my BlackBerry®

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Date: Tue, 9 Apr 2013 10:49:58
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Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Recent Case re Conditions Precedent


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Bad facts-Bad law... Sent on the Sprint® Now Network from my BlackBerry® -----Original Message----- From: Eric Jacobs <ejacobs@beloffparker.com> Sender: landten-bounces@lists.flabarrpptl.org Date: Tue, 9 Apr 2013 10:49:58 To: RPPTL Committee<landten@lists.flabarrpptl.org> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Recent Case re Conditions Precedent _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten