I would argue there is no tenancy created prior to the landlord delivering possession or the start date of the lease and that the tenancy isn't created by signing the lease.  If you never become a tenant, what is there to terminate?  A lease is a contract.  A valid and enforceable contract requires offer, acceptance, and consideration...not just a signature. The principals of contract law would then apply. Two parties can sign a contract and either party may terminate / breach. In signing the standard lease, what consideration is being provided by the landlord to the tenant? The future leasehold interest?  The contract does not say what happens to the deposit in the event of a default, breach, or termination prior to delivery of possession or lease commencement.  Since the contract doesn't say what happens to the security deposit, what principal is being relied on to retain the deposit?

I guess now that I have talked this over, the argument for a landlord would be that the consideration provided is the future leasehold interest has been conveyed in exchange for the security deposit, and because the tenant breached the lease (by not making a payment) or anticipatorily breached by terminating prior to the start date, the landlord is entitled to retain the deposit.

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Thursday, April 9, 2020 1:25 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

The tenant may have terminated the tenancy but the rent obligation comes from the lease.  Just like if you evict someone, you are terminating the tenancy, not the lease.  Am I off on this?

There is no auto forfeiture of the security deposit provided for in the statute.  Once the lease date begins, if there is no new tenant in there, the tenant owes rent which of course is not paid, thus can be deducted from the Security Deposit after proper claim letter sent etc

If a landlord were to find a new tenant that moved in at the lease start date, I feel the landlord would need to refund the deposit in full.

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
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jordan M Brill
Sent: Thursday, April 09, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have always been curious what theory attorneys use to support the position that a landlord is entitled to keep a security deposit, under the standard lease for a residential property, if the tenant terminates the lease prior to the start of the lease.  The landlord has not provided any consideration and not tendered possession of the property.  There is no provision in the Florida bar standard residential lease which allows the landlord to retain the security deposit.  This is different from a far bar sale contract which explicitly sets forth what happens in the event of a default with respect to the deposit.
*sent via mobile phone

Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttp://www.glachmanbrill.com

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On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.commailto:jeff@eannarinolaw.com wrote:
Thanks Harry;
I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic.

Respectfully,

Jeff

Jeffrey S. Eannarino
Attorney at Law

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Thank you Jordan;

There is no deposit as it's not due until move in on May 15 and the contract
is silent on pre-occupancy breach.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

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Fax: (561) 935-9022

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From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org On Behalf Of Jordan M Brill
Sent: Thursday, April 9, 2020 2:22 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I would argue there is no tenancy created prior to the landlord delivering
possession or the start date of the lease and that the tenancy isn't created
by signing the lease.  If you never become a tenant, what is there to
terminate?  A lease is a contract.  A valid and enforceable contract
requires offer, acceptance, and consideration.not just a signature. The
principals of contract law would then apply. Two parties can sign a contract
and either party may terminate / breach. In signing the standard lease, what
consideration is being provided by the landlord to the tenant? The future
leasehold interest?  The contract does not say what happens to the deposit
in the event of a default, breach, or termination prior to delivery of
possession or lease commencement.  Since the contract doesn't say what
happens to the security deposit, what principal is being relied on to retain
the deposit?

I guess now that I have talked this over, the argument for a landlord would
be that the consideration provided is the future leasehold interest has been
conveyed in exchange for the security deposit, and because the tenant
breached the lease (by not making a payment) or anticipatorily breached by
terminating prior to the start date, the landlord is entitled to retain the
deposit.

Jordan Marcus Brill, Esq.

Glachman & Brill, P.A.

6421 Congress Ave., Suite 120

Boca Raton, FL 33487

(561)859-0679

mailto:jordan@glachmanbrill.com jordan@glachmanbrill.com

http://www.glachmanbrill.com/ www.glachmanbrill.com

The information contained in this email message is intended for review and
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From: landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org
<landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Harry Heist
Sent: Thursday, April 9, 2020 1:25 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org
mailto:landten@lists.flabarrpptl.org >
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

The tenant may have terminated the tenancy but the rent obligation comes
from the lease.  Just like if you evict someone, you are terminating the
tenancy, not the lease.  Am I off on this?

There is no auto forfeiture of the security deposit provided for in the
statute.  Once the lease date begins, if there is no new tenant in there,
the tenant owes rent which of course is not paid, thus can be deducted from
the Security Deposit after proper claim letter sent etc

If a landlord were to find a new tenant that moved in at the lease start
date, I feel the landlord would need to refund the deposit in full.

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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From: landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jordan M Brill
Sent: Thursday, April 09, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have always been curious what theory attorneys use to support the position
that a landlord is entitled to keep a security deposit, under the standard
lease for a residential property, if the tenant terminates the lease prior
to the start of the lease.  The landlord has not provided any consideration
and not tendered possession of the property.  There is no provision in the
Florida bar standard residential lease which allows the landlord to retain
the security deposit.  This is different from a far bar sale contract which
explicitly sets forth what happens in the event of a default with respect to
the deposit.

*sent via mobile phone

Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com
www.glachmanbrill.com http://www.glachmanbrill.com

The information contained in this email message is intended for review and
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of this email that is not an intended recipient or reader is  hereby
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intended recipient  or client of  the sender.  If you have received this
communication in error, please immediately notify us via email directed to
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com  and by telephone
to 561-859-0679, and destroy the original message and all copies thereof and
related communications thereto.  Thank you.

On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com
wrote:

Thanks Harry;

I sense a judge may not be happy seeing a plaintiff in court trying to
extort 2 month rent penalty from a tenant where contract language clearly
provides for excusal of an obligation due to epidemic.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
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or otherwise. Thank you.

Thanks for the language, Jeff.  Who is “we” in the context of this lease? Based on the last sentence, it looks like “we” would be the landlord and “you” would be the tenant, such that this FM provision was only intended to benefit the landlord.  I’m not aware of any automatic standard (like 57.105 with a unilateral attorneys’ fees provision) for flipping these provisions to make them mutual.

So, aside from the highly practical considerations (agree with Harry), I don’t see this section winning the day for the tenant on its own.

[Trenam Law]https://www.trenam.com/

GREGORY R. HANEY | ATTORNEY
Florida Bar Board Certified Specialist in Real Estate Law
Dir: 727-820-3958 | Fax: 727-502-3409 | emailmailto:GHaney@trenam.com | vcardhttp://www.trenam.com/vcards/Gregory%20R.%20Haney.vcf | biohttps://www.trenam.com/people-list/gregory-scott-r-haney/

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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of jeff@eannarinolaw.com
Sent: Thursday, April 9, 2020 1:14 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

Thanks Henry;
Good point and why I asked for feedback.  We are talking about a large apartment building with shared elevator, hallways and common facilities.  If a doctor tells someone not to go out in public, then I think that person has a legit argument they are excused from the event of moving and taking possession.  My understanding of a pandemic is that it is an epidemic on steroids.  Here is the provision:

FORCE MAJEURE: If we are prevented from completing
performances of any obligations hereunder by an act of God, strikes,
epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado,
sabotage, or other occurrence which is beyond the control of the
parties, then we shall be excused from any further performance of
obligations and undertakings hereunder, to the full extent allowed
under applicable law.
Furthermore, if such an event damages the property to materially
affect its habitability by some or all residents, we reserve the right
to vacate any and all leases and you agree to excuse us from any
further performance of obligations and undertakings hereunder,
to the full extent allowed under applicable law.

Respectfully,

Jeff

Jeffrey S. Eannarino
Attorney at Law

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500 S. Australian Ave., Fifth Floor
West Palm Beach, FL 33401
Telephone: (561) 935-9024
Fax: (561) 935-9022
Email: Jeff@eannarinolaw.commailto:Jeff@eannarinolaw.com
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Wulf, Henry
Sent: Thursday, April 9, 2020 1:00 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

What does the entire force majeure provision state?  I was under the impression that FM only suspends performance during the FM event.  Unless the specific provision provides otherwise, I do not think that the party, whose performance is prevented due to the FM event, has the right to totally cancel the contract at issue.  Not 100% sure – did not research.

[Carlton Fields]
Henry Wulf
Attorney at Law

CityPlace Tower
525 Okeechobee Blvd., Ste. 1200
West Palm Beach, Florida  33401-6350
Direct:  561.650.8042 | Fax:  561.659.7368

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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of jeff@eannarinolaw.commailto:jeff@eannarinolaw.com
Sent: Thursday, April 9, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure.  T & LL sign a lease in early March with move in date of mid-May.  T suffers from an immune deficiency and has been instructed by his doctor to stay put at home.  T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days.  Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino
Attorney at Law

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500 S. Australian Ave., Fifth Floor
West Palm Beach, FL 33401
Telephone: (561) 935-9024
Fax: (561) 935-9022
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Monday, April 6, 2020 4:29 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Evictions still being filed??

This is bizarre.  Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened.

We won’t dare do it at this point.

What the heck is happening?

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
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I’ll take your second argument/paragraph over your first any day of the week.  Otherwise, especially in the commercial leasing world where the space often needs to be built out first (at either or both parties’ great expense, and specifically for that tenant), such a concept would wreck certainty of contract.

Yes, the lease once fully executed has all the necessary elements on its own – offer, acceptance, and mutual consideration, even if for a future leasehold right.  Failure to tender or take possession would be a breach, not a failure of a condition precedent to there actually being a contract.

[Trenam Law]https://www.trenam.com/

GREGORY R. HANEY | ATTORNEY
Florida Bar Board Certified Specialist in Real Estate Law
Dir: 727-820-3958 | Fax: 727-502-3409 | emailmailto:GHaney@trenam.com | vcardhttp://www.trenam.com/vcards/Gregory%20R.%20Haney.vcf | biohttps://www.trenam.com/people-list/gregory-scott-r-haney/

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Please visit our website for the latest in COVID-19 Legal Updateshttps://www.trenam.com/category/coronavirus-news/.
Confidentiality Notice: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail, or by telephone at the direct dial number above and destroy the original transmission and its attachments without reading or saving in any manner. Thank you.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Jordan M Brill
Sent: Thursday, April 9, 2020 2:22 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I would argue there is no tenancy created prior to the landlord delivering possession or the start date of the lease and that the tenancy isn’t created by signing the lease.  If you never become a tenant, what is there to terminate?  A lease is a contract.  A valid and enforceable contract requires offer, acceptance, and consideration…not just a signature. The principals of contract law would then apply. Two parties can sign a contract and either party may terminate / breach. In signing the standard lease, what consideration is being provided by the landlord to the tenant? The future leasehold interest?  The contract does not say what happens to the deposit in the event of a default, breach, or termination prior to delivery of possession or lease commencement.  Since the contract doesn’t say what happens to the security deposit, what principal is being relied on to retain the deposit?

I guess now that I have talked this over, the argument for a landlord would be that the consideration provided is the future leasehold interest has been conveyed in exchange for the security deposit, and because the tenant breached the lease (by not making a payment) or anticipatorily breached by terminating prior to the start date, the landlord is entitled to retain the deposit.

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Thursday, April 9, 2020 1:25 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

The tenant may have terminated the tenancy but the rent obligation comes from the lease.  Just like if you evict someone, you are terminating the tenancy, not the lease.  Am I off on this?

There is no auto forfeiture of the security deposit provided for in the statute.  Once the lease date begins, if there is no new tenant in there, the tenant owes rent which of course is not paid, thus can be deducted from the Security Deposit after proper claim letter sent etc

If a landlord were to find a new tenant that moved in at the lease start date, I feel the landlord would need to refund the deposit in full.

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
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jordan M Brill
Sent: Thursday, April 09, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have always been curious what theory attorneys use to support the position that a landlord is entitled to keep a security deposit, under the standard lease for a residential property, if the tenant terminates the lease prior to the start of the lease.  The landlord has not provided any consideration and not tendered possession of the property.  There is no provision in the Florida bar standard residential lease which allows the landlord to retain the security deposit.  This is different from a far bar sale contract which explicitly sets forth what happens in the event of a default with respect to the deposit.
*sent via mobile phone

Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttp://www.glachmanbrill.com

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On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.commailto:jeff@eannarinolaw.com wrote:
Thanks Harry;
I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic.

Respectfully,

Jeff

Jeffrey S. Eannarino
Attorney at Law

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500 S. Australian Ave., Fifth Floor
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I appreciate your further thoughts Greg.  You are correct in that “we” is referring to the LL.  The entire contract favors of the LL including attorney fees, though I sense, at least parts are unconscionable and/or unenforceable; i.e., LL is not required to comply with FL STAT’s.  It seems inequitable that FM provision could only apply to one party.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

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Fax: (561) 935-9022

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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Gregory R. Haney
Sent: Thursday, April 9, 2020 3:01 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

Thanks for the language, Jeff.  Who is “we” in the context of this lease? Based on the last sentence, it looks like “we” would be the landlord and “you” would be the tenant, such that this FM provision was only intended to benefit the landlord.  I’m not aware of any automatic standard (like 57.105 with a unilateral attorneys’ fees provision) for flipping these provisions to make them mutual.

So, aside from the highly practical considerations (agree with Harry), I don’t see this section winning the day for the tenant on its own.

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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com
Sent: Thursday, April 9, 2020 1:14 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

Thanks Henry;

Good point and why I asked for feedback.  We are talking about a large apartment building with shared elevator, hallways and common facilities.  If a doctor tells someone not to go out in public, then I think that person has a legit argument they are excused from the event of moving and taking possession.  My understanding of a pandemic is that it is an epidemic on steroids.  Here is the provision:

FORCE MAJEURE: If we are prevented from completing

performances of any obligations hereunder by an act of God, strikes,

epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado,

sabotage, or other occurrence which is beyond the control of the

parties, then we shall be excused from any further performance of

obligations and undertakings hereunder, to the full extent allowed

under applicable law.

Furthermore, if such an event damages the property to materially

affect its habitability by some or all residents, we reserve the right

to vacate any and all leases and you agree to excuse us from any

further performance of obligations and undertakings hereunder,

to the full extent allowed under applicable law.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Wulf, Henry
Sent: Thursday, April 9, 2020 1:00 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

What does the entire force majeure provision state?  I was under the impression that FM only suspends performance during the FM event.  Unless the specific provision provides otherwise, I do not think that the party, whose performance is prevented due to the FM event, has the right to totally cancel the contract at issue.  Not 100% sure – did not research.

Henry Wulf
Attorney at Law

CityPlace Tower
525 Okeechobee Blvd., Ste. 1200
West Palm Beach, Florida  33401-6350
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com
Sent: Thursday, April 9, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure.  T & LL sign a lease in early March with move in date of mid-May.  T suffers from an immune deficiency and has been instructed by his doctor to stay put at home.  T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days.  Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Harry Heist
Sent: Monday, April 6, 2020 4:29 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Subject: [RPPTL LandTen] Evictions still being filed??

This is bizarre.  Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened.

We won’t dare do it at this point.

What the heck is happening?

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.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com

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David/Deborah,

The FM provision states if “we” (LL) are prevented from completing performances … including epidemics… beyond the control of the “parties,” then we shall be excused from any further performance…  Do you think a T could argue this is an adhesion contract; T claims this was a take it or leave it proposition with no ability to negotiate a reciprocal provision, that the FM provision is ambiguous, thus the provision should be in favor of the party who did not prepare the contract?

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Deborah Marks
Sent: Thursday, April 9, 2020 3:29 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

Once the landlord has executed a lease they have taken the property off the market. They have foregone the potential to lease it to others. They frequently have obligated themselves to pay a broker a commission.

They have performed before the tenant moves in. I do think landlords are entitled to the deposit unless their actions directly have created the situation where the tenant could not move in.

Deborah Marks, PLLC

18495 S. Dixie Highway
Ste 134

Miami, FL 33157
305-372-9400

deborahmarkslaw@gmail.com mailto:deborahmarkslaw@gmail.com

deborah@deborahmarks.law mailto:deborah@deborahmarks.law
synergy928@aol.com mailto:synergy928@aol.com

On Thu, Apr 9, 2020 at 3:12 PM Gregory R. Haney <GHaney@trenam.com mailto:GHaney@trenam.com > wrote:

I’ll take your second argument/paragraph over your first any day of the week.  Otherwise, especially in the commercial leasing world where the space often needs to be built out first (at either or both parties’ great expense, and specifically for that tenant), such a concept would wreck certainty of contract.

Yes, the lease once fully executed has all the necessary elements on its own – offer, acceptance, and mutual consideration, even if for a future leasehold right.  Failure to tender or take possession would be a breach, not a failure of a condition precedent to there actually being a contract.

https://www.trenam.com/

GREGORY R. HANEY | ATTORNEY
Florida Bar Board Certified Specialist in Real Estate Law
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Jordan M Brill
Sent: Thursday, April 9, 2020 2:22 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I would argue there is no tenancy created prior to the landlord delivering possession or the start date of the lease and that the tenancy isn’t created by signing the lease.  If you never become a tenant, what is there to terminate?  A lease is a contract.  A valid and enforceable contract requires offer, acceptance, and consideration…not just a signature. The principals of contract law would then apply. Two parties can sign a contract and either party may terminate / breach. In signing the standard lease, what consideration is being provided by the landlord to the tenant? The future leasehold interest?  The contract does not say what happens to the deposit in the event of a default, breach, or termination prior to delivery of possession or lease commencement.  Since the contract doesn’t say what happens to the security deposit, what principal is being relied on to retain the deposit?

I guess now that I have talked this over, the argument for a landlord would be that the consideration provided is the future leasehold interest has been conveyed in exchange for the security deposit, and because the tenant breached the lease (by not making a payment) or anticipatorily breached by terminating prior to the start date, the landlord is entitled to retain the deposit.

Jordan Marcus Brill, Esq.

Glachman & Brill, P.A.

6421 Congress Ave., Suite 120

Boca Raton, FL 33487

(561)859-0679

mailto:jordan@glachmanbrill.com jordan@glachmanbrill.com

http://www.glachmanbrill.com/ www.glachmanbrill.com

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com  and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Harry Heist
Sent: Thursday, April 9, 2020 1:25 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

The tenant may have terminated the tenancy but the rent obligation comes from the lease.  Just like if you evict someone, you are terminating the tenancy, not the lease.  Am I off on this?

There is no auto forfeiture of the security deposit provided for in the statute.  Once the lease date begins, if there is no new tenant in there, the tenant owes rent which of course is not paid, thus can be deducted from the Security Deposit after proper claim letter sent etc

If a landlord were to find a new tenant that moved in at the lease start date, I feel the landlord would need to refund the deposit in full.

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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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jordan M Brill
Sent: Thursday, April 09, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have always been curious what theory attorneys use to support the position that a landlord is entitled to keep a security deposit, under the standard lease for a residential property, if the tenant terminates the lease prior to the start of the lease.  The landlord has not provided any consideration and not tendered possession of the property.  There is no provision in the Florida bar standard residential lease which allows the landlord to retain the security deposit.  This is different from a far bar sale contract which explicitly sets forth what happens in the event of a default with respect to the deposit.

*sent via mobile phone

Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
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On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com  wrote:

Thanks Harry;

I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic.

Respectfully,

Jeff

Jeffrey S. Eannarino

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