[RPPTL LandTen] Client Seeking Refund of Rent
My client signed an agreement for one year as a tenant for the rental of
a residential property. Unbeknownst to my client, the property went into
foreclosure and was sold. However, the landlord continued collecting
rent for two months after title to the property had transferred. The new
owner (the bank) did not advise my client of the transfer of ownership
nor charge rent during this period.
Is is worth my client suing to get the rent money back for the final two
months? My concern is that there are arguably no damages since my client
continued to reside at the property without interruption. Also, although
the lease was effectively terminated at the time of the transfer of
title, because an express contract existed at the onset of the tenancy,
an unjust enrichment claim would fail.
--
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093
Office: (954)256-5125
Fax: (954) 256-5126
http://www.joehugheslaw.com
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I'd be more worried about the likelihood of collecting on any judgment you
may obtain. Given that Landlord is in foreclosure, what is the likelihood
that he's collectible?
Sebastian Jaramillo, Esq.
Florida Board Certified in Real Estate Law
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com
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On Tue, Sep 20, 2016 at 7:04 PM, Joseph S. Hughes, Esq. <
jhughes@joehugheslaw.com> wrote:
My client signed an agreement for one year as a tenant for the rental of a
residential property. Unbeknownst to my client, the property went into
foreclosure and was sold. However, the landlord continued collecting rent
for two months after title to the property had transferred. The new owner
(the bank) did not advise my client of the transfer of ownership nor
charge rent during this period.
Is is worth my client suing to get the rent money back for the final two
months? My concern is that there are arguably no damages since my client
continued to reside at the property without interruption. Also, although
the lease was effectively terminated at the time of the transfer of title,
because an express contract existed at the onset of the tenancy, an unjust
enrichment claim would fail.
--
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093
Office: (954)256-5125
Fax: (954) 256-5126
http://www.joehugheslaw.com
The information contained in this email may be attorney privileged and
confidential information intended only for the use of the individual or
entity named above. If you are not the intended recipient of this message
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any attachments.
landten mailing list
landten@lists.flabarrpptl.org
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Long story, but that isn't an issue in this case. He's collectible.
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093
Office: (954)256-5125
Fax: (954) 256-5126
http://www.joehugheslaw.com
The information contained in this email may be attorney privileged and
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On 2016-09-21 09:38, Sebastian Jaramillo wrote:
I'd be more worried about the likelihood of collecting on any judgment you may obtain. Given that Landlord is in foreclosure, what is the likelihood that he's collectible?
SEBASTIAN JARAMILLO, ESQ.
Florida Board Certified in Real Estate Law
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com [5]
For payments please click here [6].
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
On Tue, Sep 20, 2016 at 7:04 PM, Joseph S. Hughes, Esq. jhughes@joehugheslaw.com wrote:
My client signed an agreement for one year as a tenant for the rental of a residential property. Unbeknownst to my client, the property went into foreclosure and was sold. However, the landlord continued collecting rent for two months after title to the property had transferred. The new owner (the bank) did not advise my client of the transfer of ownership nor charge rent during this period.
Is is worth my client suing to get the rent money back for the final two months? My concern is that there are arguably no damages since my client continued to reside at the property without interruption. Also, although the lease was effectively terminated at the time of the transfer of title, because an express contract existed at the onset of the tenancy, an unjust enrichment claim would fail.
--
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093 [1]
Office: (954)256-5125 [2]
Fax: (954) 256-5126 [3]
http://www.joehugheslaw.com
The information contained in this email may be attorney privileged and confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by telephone or reply e-mail and delete this message and any attachments.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten [4]
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Links:
[1] tel:%28413%29%20687-2093
[2] tel:%28954%29256-5125
[3] tel:%28954%29%20256-5126
[4] http://mailman.fsr.com/mailman/listinfo/landten
[5] http://www.lawjb.com
[6] https://secure.lawpay.com/pages/jblaw/operating
Anyone?
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093
Office: (954)256-5125
Fax: (954) 256-5126
http://www.joehugheslaw.com
The information contained in this email may be attorney privileged and
confidential information intended only for the use of the individual or
entity named above. If you are not the intended recipient of this
message or if this message has been addressed to you in error, please
immediately alert the sender by telephone or reply e-mail and delete
this message and any attachments.
On 2016-09-21 09:38, Sebastian Jaramillo wrote:
I'd be more worried about the likelihood of collecting on any judgment you may obtain. Given that Landlord is in foreclosure, what is the likelihood that he's collectible?
SEBASTIAN JARAMILLO, ESQ.
Florida Board Certified in Real Estate Law
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com [5]
For payments please click here [6].
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
On Tue, Sep 20, 2016 at 7:04 PM, Joseph S. Hughes, Esq. jhughes@joehugheslaw.com wrote:
My client signed an agreement for one year as a tenant for the rental of a residential property. Unbeknownst to my client, the property went into foreclosure and was sold. However, the landlord continued collecting rent for two months after title to the property had transferred. The new owner (the bank) did not advise my client of the transfer of ownership nor charge rent during this period.
Is is worth my client suing to get the rent money back for the final two months? My concern is that there are arguably no damages since my client continued to reside at the property without interruption. Also, although the lease was effectively terminated at the time of the transfer of title, because an express contract existed at the onset of the tenancy, an unjust enrichment claim would fail.
--
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093 [1]
Office: (954)256-5125 [2]
Fax: (954) 256-5126 [3]
http://www.joehugheslaw.com
The information contained in this email may be attorney privileged and confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by telephone or reply e-mail and delete this message and any attachments.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten [4]
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Links:
[1] tel:%28413%29%20687-2093
[2] tel:%28954%29256-5125
[3] tel:%28954%29%20256-5126
[4] http://mailman.fsr.com/mailman/listinfo/landten
[5] http://www.lawjb.com
[6] https://secure.lawpay.com/pages/jblaw/operating
Without research, my gut tells me that this claim belongs to the bank not to your client.
Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
Sent from my iPad
On Sep 21, 2016, at 1:30 PM, Joseph S. Hughes, Esq. jhughes@joehugheslaw.com wrote:
Long story, but that isn't an issue in this case. He's collectible.
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093
Office: (954)256-5125
Fax: (954) 256-5126
http://www.joehugheslaw.com
The information contained in this email may be attorney privileged and confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by telephone or reply e-mail and delete this message and any attachments.
On 2016-09-21 09:38, Sebastian Jaramillo wrote:
I'd be more worried about the likelihood of collecting on any judgment you may obtain. Given that Landlord is in foreclosure, what is the likelihood that he's collectible?
Sebastian Jaramillo, Esq.
Florida Board Certified in Real Estate Law
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com
For payments please click here.
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
On Tue, Sep 20, 2016 at 7:04 PM, Joseph S. Hughes, Esq. jhughes@joehugheslaw.com wrote:
My client signed an agreement for one year as a tenant for the rental of a residential property. Unbeknownst to my client, the property went into foreclosure and was sold. However, the landlord continued collecting rent for two months after title to the property had transferred. The new owner (the bank) did not advise my client of the transfer of ownership nor charge rent during this period.
Is is worth my client suing to get the rent money back for the final two months? My concern is that there are arguably no damages since my client continued to reside at the property without interruption. Also, although the lease was effectively terminated at the time of the transfer of title, because an express contract existed at the onset of the tenancy, an unjust enrichment claim would fail.
--
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093
Office: (954)256-5125
Fax: (954) 256-5126
http://www.joehugheslaw.com
The information contained in this email may be attorney privileged and confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by telephone or reply e-mail and delete this message and any attachments.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Did your client prepay the entire year and was your client dispossessed by the foreclosing lender? It’s a tough case to win unless the answer to both questions is “yes”
Manuel Farach
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph S. Hughes, Esq.
Sent: Wednesday, September 21, 2016 1:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Client Seeking Refund of Rent
Long story, but that isn't an issue in this case. He's collectible.
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093
Office: (954)256-5125
Fax: (954) 256-5126
http://www.joehugheslaw.com
The information contained in this email may be attorney privileged and confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by telephone or reply e-mail and delete this message and any attachments.
On 2016-09-21 09:38, Sebastian Jaramillo wrote:
I'd be more worried about the likelihood of collecting on any judgment you may obtain. Given that Landlord is in foreclosure, what is the likelihood that he's collectible?
Sebastian Jaramillo, Esq.
Florida Board Certified in Real Estate Law
[http://lawjb.com/wp-content/uploads/2014/04/logo-jb.png]
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.comhttp://www.lawjb.com
For payments please click herehttps://secure.lawpay.com/pages/jblaw/operating.
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
On Tue, Sep 20, 2016 at 7:04 PM, Joseph S. Hughes, Esq. <jhughes@joehugheslaw.commailto:jhughes@joehugheslaw.com> wrote:
My client signed an agreement for one year as a tenant for the rental of a residential property. Unbeknownst to my client, the property went into foreclosure and was sold. However, the landlord continued collecting rent for two months after title to the property had transferred. The new owner (the bank) did not advise my client of the transfer of ownership nor charge rent during this period.
Is is worth my client suing to get the rent money back for the final two months? My concern is that there are arguably no damages since my client continued to reside at the property without interruption. Also, although the lease was effectively terminated at the time of the transfer of title, because an express contract existed at the onset of the tenancy, an unjust enrichment claim would fail.
--
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093tel:%28413%29%20687-2093
Office: (954)256-5125tel:%28954%29256-5125
Fax: (954) 256-5126tel:%28954%29%20256-5126
http://www.joehugheslaw.com
The information contained in this email may be attorney privileged and confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by telephone or reply e-mail and delete this message and any attachments.
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