[RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
Hello all. I ask for some guidance on the following issue.
Residential tenant has liquidated damages addendum for early termination
equal to two months' rent. Paragraph 3 of the lease," Lease Term and
Termination Notice Requirements" states that the lease will automatically
renew on a month to month basis unless tenant provides 60 days' notice of
termination or intent to move out. In the early termination addendum, it
states that landlord is entitled to all rent that accrued through the end of
the month in which it retakes possession.
Landlord tells tenant he must give 60 days' notice and pay the 2 month early
termination fee. I don't think that is correct-the purpose of the early
termination fees is just that, when a tenant decides to terminate the lease
prior to the end of the term.
Your opinions on whether the tenant must give 60 days AND pay 2 months' rent
is invited and greatly appreciated. Thank you.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
http://www.horkylaw.com www.horkylaw.com
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any matters addressed herein.
It was my understanding when the law passed that the Liquidation Addendum
was to eliminate protracted eviction/damages litigation in the event the
Tenant just moves out (with or without notice).therefore the 60 days + would
not seem to fit, in my opinion.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, June 23, 2014 3:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice?
C'mon already...
Hello all. I ask for some guidance on the following issue.
Residential tenant has liquidated damages addendum for early termination
equal to two months' rent. Paragraph 3 of the lease," Lease Term and
Termination Notice Requirements" states that the lease will automatically
renew on a month to month basis unless tenant provides 60 days' notice of
termination or intent to move out. In the early termination addendum, it
states that landlord is entitled to all rent that accrued through the end of
the month in which it retakes possession.
Landlord tells tenant he must give 60 days' notice and pay the 2 month early
termination fee. I don't think that is correct-the purpose of the early
termination fees is just that, when a tenant decides to terminate the lease
prior to the end of the term.
Your opinions on whether the tenant must give 60 days AND pay 2 months' rent
is invited and greatly appreciated. Thank you.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
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 attorney-client
privileged or confidential, and/or may contain attorney work product. If
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dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
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ahorky@horkylaw.com.
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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.
Anthony:
It was my understanding that the liquidated damages provision you are discussing was required to be on a separate page of the lease and signed to be enforceable. Anyone know if that changed?
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, June 23, 2014 3:14 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
It was my understanding when the law passed that the Liquidation Addendum was to eliminate protracted eviction/damages litigation in the event the Tenant just moves out (with or without notice)...therefore the 60 days + would not seem to fit, in my opinion.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.netmailto:lesstevens@earthlink.net
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, June 23, 2014 3:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
Hello all. I ask for some guidance on the following issue.
Residential tenant has liquidated damages addendum for early termination equal to two months' rent. Paragraph 3 of the lease," Lease Term and Termination Notice Requirements" states that the lease will automatically renew on a month to month basis unless tenant provides 60 days' notice of termination or intent to move out. In the early termination addendum, it states that landlord is entitled to all rent that accrued through the end of the month in which it retakes possession.
Landlord tells tenant he must give 60 days' notice and pay the 2 month early termination fee. I don't think that is correct-the purpose of the early termination fees is just that, when a tenant decides to terminate the lease prior to the end of the term.
Your opinions on whether the tenant must give 60 days AND pay 2 months' rent is invited and greatly appreciated. Thank you.
Regards,
[AJH Logo mark]
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.comhttp://www.horkylaw.com
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 attorney-client privileged or 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 at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.
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.
I believe an appellate opinion just came out overturning the lower court
ruling. Trying to locate the opinion. See below.
Landlord-tenant -- Contracts -- Leases -- Early termination fee --
Liquidated damages -- When a tenant and landlord execute an addendum
choosing remedy of liquidated damages or early termination fee pursuant to
section 83.595, the remedy is enforceable if the addendum is executed at the
same time as the lease, which does not make provision for the remedy, as
part of the same transaction -- Trial court erred in concluding that
addendum is unenforceable if lease does not include a similar provision
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, June 23, 2014 4:45 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice?
C'mon already...
Anthony:
It was my understanding that the liquidated damages provision you are
discussing was required to be on a separate page of the lease and signed to
be enforceable. Anyone know if that changed?
Leonard P. Cabral, Esq.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, June 23, 2014 3:14 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice?
C'mon already...
It was my understanding when the law passed that the Liquidation Addendum
was to eliminate protracted eviction/damages litigation in the event the
Tenant just moves out (with or without notice).therefore the 60 days + would
not seem to fit, in my opinion.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, June 23, 2014 3:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice?
C'mon already...
Hello all. I ask for some guidance on the following issue.
Residential tenant has liquidated damages addendum for early termination
equal to two months' rent. Paragraph 3 of the lease," Lease Term and
Termination Notice Requirements" states that the lease will automatically
renew on a month to month basis unless tenant provides 60 days' notice of
termination or intent to move out. In the early termination addendum, it
states that landlord is entitled to all rent that accrued through the end of
the month in which it retakes possession.
Landlord tells tenant he must give 60 days' notice and pay the 2 month early
termination fee. I don't think that is correct-the purpose of the early
termination fees is just that, when a tenant decides to terminate the lease
prior to the end of the term.
Your opinions on whether the tenant must give 60 days AND pay 2 months' rent
is invited and greatly appreciated. Thank you.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
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 attorney-client
privileged or 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
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have created and notify me immediately at: mailto:ahorky@horkylaw.com
ahorky@horkylaw.com.
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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
My opinion is that tenant must both provide 60 days notice, pay the full rent while living at the premises, and pay the agreed upon liquidated damage payments. If the tenant only gives the 60 days notice of early termination and pays rent only for the time he/she resides at the premises, then it wouldn't be a liquidated damage payment, it would just be rent. The purpose of the liquidated damage payment is to essentially buy out lease in exchange for the landlord's agreement to allow early termination, otherwise the contractually agreed upon lease term would be meaningless. I don't see how it could be interpreted any other way.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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On Monday, June 23, 2014 3:00 PM, Anthony J. Horky ahorky@horkylaw.com wrote:
Hello all. I ask for some guidance on the following issue.
Residential tenant has liquidated damages addendum for early termination equal to two months’ rent. Paragraph 3 of the lease,” Lease Term and Termination Notice Requirements” states that the lease will automatically renew on a month to month basis unless tenant provides 60 days’ notice of termination or intent to move out. In the early termination addendum, it states that landlord is entitled to all rent that accrued through the end of the month in which it retakes possession.
Landlord tells tenant he must give 60 days’ notice and pay the 2 month early termination fee. I don’t think that is correct—the purpose of the early termination fees is just that, when a tenant decides to terminate the lease prior to the end of the term.
Your opinions on whether the tenant must give 60 days AND pay 2 months’ rent is invited and greatly appreciated. Thank you.
Regards,
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.com
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 attorney-client privileged or 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 at: ahorky@horkylaw.com.
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.
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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Sorry I read it too quickly. I see you did say in the addendum.
Below is the language from the 2010 Fla Bar Forms
EARLY TERMINATION FEE/LIQUIDATED DAMAGES ADDENDUM
[....] I agree, as provided in the rental agreement, to pay $_______ (an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.
[50 So.3d 524]
[....] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.
_________________________
Signatures
[50 So.3d 525]
I think the plain meaning of the language in the form is that the tenant terminates, moves out at any time after he terminates and the tenant is required to pay two additional months after he tenders the keys. If it is a month to month I don’t think the day the tenant moves out, if he moves out on the 3rd or 10th or 20th of the month, the tenant owes for the month he move plus 2 additional months. I don’t think the tenant is required to stay two months and in addition must pay two months.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Horky Law
Sent: Monday, June 23, 2014 5:02 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
The addendum is separate from the lease.
Sent from Anthony Horky's mobile email
From: Leonard Cabral
Sent: Monday, June 23, 2014 4:45 PM
To: lesstevens@earthlink.netmailto:lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
Anthony:
It was my understanding that the liquidated damages provision you are discussing was required to be on a separate page of the lease and signed to be enforceable. Anyone know if that changed?
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, June 23, 2014 3:14 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
It was my understanding when the law passed that the Liquidation Addendum was to eliminate protracted eviction/damages litigation in the event the Tenant just moves out (with or without notice)…therefore the 60 days + would not seem to fit, in my opinion.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.netmailto:lesstevens@earthlink.net
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, June 23, 2014 3:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
Hello all. I ask for some guidance on the following issue.
Residential tenant has liquidated damages addendum for early termination equal to two months’ rent. Paragraph 3 of the lease,” Lease Term and Termination Notice Requirements” states that the lease will automatically renew on a month to month basis unless tenant provides 60 days’ notice of termination or intent to move out. In the early termination addendum, it states that landlord is entitled to all rent that accrued through the end of the month in which it retakes possession.
Landlord tells tenant he must give 60 days’ notice and pay the 2 month early termination fee. I don’t think that is correct—the purpose of the early termination fees is just that, when a tenant decides to terminate the lease prior to the end of the term.
Your opinions on whether the tenant must give 60 days AND pay 2 months’ rent is invited and greatly appreciated. Thank you.
Regards,
[AJH Logo mark]
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.comhttp://www.horkylaw.com
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 attorney-client privileged or 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 at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.
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.
While I am not proud of the outcome, we worked on this law for 2 years. It was vetoed once by Crist who made us take out a concession payback. Based on the legislative history, back and forth and all the rest, it is my feeling that the 60 days’ notice is meaningless and confusing.
I tell my clients that if they vacate with 1 day notice or give 60, they only will owe a max of 2 month’s rent.
The law needs to be fixed.
You could argue as well that if they don’t give the 60, it jumps down to #2
I really wish our group would take more initiative on this and clean some of this up.
Harry
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, June 23, 2014 5:20 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
Sorry I read it too quickly. I see you did say in the addendum.
Below is the language from the 2010 Fla Bar Forms
EARLY TERMINATION FEE/LIQUIDATED DAMAGES ADDENDUM
[....] I agree, as provided in the rental agreement, to pay $_______ (an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.
[50 So.3d 524]
[....] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.
_________________________
Signatures
[50 So.3d 525]
I think the plain meaning of the language in the form is that the tenant terminates, moves out at any time after he terminates and the tenant is required to pay two additional months after he tenders the keys. If it is a month to month I don’t think the day the tenant moves out, if he moves out on the 3rd or 10th or 20th of the month, the tenant owes for the month he move plus 2 additional months. I don’t think the tenant is required to stay two months and in addition must pay two months.
Leonard P. Cabral, Esq.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Horky Law
Sent: Monday, June 23, 2014 5:02 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
The addendum is separate from the lease.
Sent from Anthony Horky's mobile email
From: Leonard Cabral
Sent: Monday, June 23, 2014 4:45 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
Anthony:
It was my understanding that the liquidated damages provision you are discussing was required to be on a separate page of the lease and signed to be enforceable. Anyone know if that changed?
Leonard P. Cabral, Esq.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, June 23, 2014 3:14 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
It was my understanding when the law passed that the Liquidation Addendum was to eliminate protracted eviction/damages litigation in the event the Tenant just moves out (with or without notice)…therefore the 60 days + would not seem to fit, in my opinion.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, June 23, 2014 3:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
Hello all. I ask for some guidance on the following issue.
Residential tenant has liquidated damages addendum for early termination equal to two months’ rent. Paragraph 3 of the lease,” Lease Term and Termination Notice Requirements” states that the lease will automatically renew on a month to month basis unless tenant provides 60 days’ notice of termination or intent to move out. In the early termination addendum, it states that landlord is entitled to all rent that accrued through the end of the month in which it retakes possession.
Landlord tells tenant he must give 60 days’ notice and pay the 2 month early termination fee. I don’t think that is correct—the purpose of the early termination fees is just that, when a tenant decides to terminate the lease prior to the end of the term.
Your opinions on whether the tenant must give 60 days AND pay 2 months’ rent is invited and greatly appreciated. Thank you.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
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 attorney-client privileged or 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 at: mailto:ahorky@horkylaw.com ahorky@horkylaw.com.
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I think some facts are necessary to fully determine the answer to your question. If you are asking can a landlord require a tenant provide 60 days notice to terminate a lease early and the two months early termination fee while the defendant remains there for those 60 days, the answer would be yes, meaning the tenant would pay a total of 4 month's rent to have the lease terminate early. The statute pretty clearly says that an early termination fee can require 60 days notice to initiate. If, however, the tenant simply leaves and provides notice that day, the landlord is only entitled to the rent for that month, plus the liquidated damages/early termination if it was agreed upon. Put simply, the statute seems clear that a landlord is entitled to rent for when the tenant uses the property through the end of the month in which it is used plus up to two months in damages, whether you call it liquidated damages or early termination.
If your question is if a tenant fails to provide 60 days notice and the lease goes month to month, I think that is a different answer. If the tenant leaves at the end of the lease, although not having provided a notice to terminate, you would be suing for damages under a month to month tenancy, not for early termination, and would only at best be entitled to an additional month in rent which is all the landlord would reasonably be allowed under the statute as presumably he would be notified the tenant is out well before 15 days before rent is due.
Again, need more facts to see if this answers your q, but I think it does.
James Zink, Esq.
Florida Rural Legal Services, Inc.
3111 South Dixie Highway, Suite 140
West Palm Beach, FL 33405
Phone: (561) 820-8902 x. 6025
Fax: (561) 820-8892
The information contained in this e-mail, including any attachment(s), is intended solely for use by the named addressee(s). If you are not the intended recipient, or a person designated as responsible for delivering such messages to the intended recipient, you are not authorized to disclose, copy, distribute or retain this message, in whole or in part, without written authorization from the sender. If you have received this message in error, please notify the sender immediately
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, June 23, 2014 3:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
Hello all. I ask for some guidance on the following issue.
Residential tenant has liquidated damages addendum for early termination equal to two months' rent. Paragraph 3 of the lease," Lease Term and Termination Notice Requirements" states that the lease will automatically renew on a month to month basis unless tenant provides 60 days' notice of termination or intent to move out. In the early termination addendum, it states that landlord is entitled to all rent that accrued through the end of the month in which it retakes possession.
Landlord tells tenant he must give 60 days' notice and pay the 2 month early termination fee. I don't think that is correct-the purpose of the early termination fees is just that, when a tenant decides to terminate the lease prior to the end of the term.
Your opinions on whether the tenant must give 60 days AND pay 2 months' rent is invited and greatly appreciated. Thank you.
Regards,
[cid:image003.png@01CF8F93.75C198A0]
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.comhttp://www.horkylaw.com
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 attorney-client privileged or 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 at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.
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.
Attached are the seminar materials I prepared for the 2008 Legislative Update Seminar that dealt with this statute when enacted.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of James Zink
Sent: Tuesday, June 24, 2014 10:09 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
I think some facts are necessary to fully determine the answer to your question. If you are asking can a landlord require a tenant provide 60 days notice to terminate a lease early and the two months early termination fee while the defendant remains there for those 60 days, the answer would be yes, meaning the tenant would pay a total of 4 month's rent to have the lease terminate early. The statute pretty clearly says that an early termination fee can require 60 days notice to initiate. If, however, the tenant simply leaves and provides notice that day, the landlord is only entitled to the rent for that month, plus the liquidated damages/early termination if it was agreed upon. Put simply, the statute seems clear that a landlord is entitled to rent for when the tenant uses the property through the end of the month in which it is used plus up to two months in damages, whether you call it liquidated damages or early termination.
If your question is if a tenant fails to provide 60 days notice and the lease goes month to month, I think that is a different answer. If the tenant leaves at the end of the lease, although not having provided a notice to terminate, you would be suing for damages under a month to month tenancy, not for early termination, and would only at best be entitled to an additional month in rent which is all the landlord would reasonably be allowed under the statute as presumably he would be notified the tenant is out well before 15 days before rent is due.
Again, need more facts to see if this answers your q, but I think it does.
James Zink, Esq.
Florida Rural Legal Services, Inc.
3111 South Dixie Highway, Suite 140
West Palm Beach, FL 33405
Phone: (561) 820-8902 x. 6025
Fax: (561) 820-8892
The information contained in this e-mail, including any attachment(s), is intended solely for use by the named addressee(s). If you are not the intended recipient, or a person designated as responsible for delivering such messages to the intended recipient, you are not authorized to disclose, copy, distribute or retain this message, in whole or in part, without written authorization from the sender. If you have received this message in error, please notify the sender immediately
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, June 23, 2014 3:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...
Hello all. I ask for some guidance on the following issue.
Residential tenant has liquidated damages addendum for early termination equal to two months' rent. Paragraph 3 of the lease," Lease Term and Termination Notice Requirements" states that the lease will automatically renew on a month to month basis unless tenant provides 60 days' notice of termination or intent to move out. In the early termination addendum, it states that landlord is entitled to all rent that accrued through the end of the month in which it retakes possession.
Landlord tells tenant he must give 60 days' notice and pay the 2 month early termination fee. I don't think that is correct-the purpose of the early termination fees is just that, when a tenant decides to terminate the lease prior to the end of the term.
Your opinions on whether the tenant must give 60 days AND pay 2 months' rent is invited and greatly appreciated. Thank you.
Regards,
[cid:image002.png@01CF8FB0.20BE4430]
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.comhttp://www.horkylaw.com
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 attorney-client privileged or 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 at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.
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.
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Thank you.
