The individual or corporation against whom an action is brought is known as the defendant.
Equity Residential court decision in Palm Beach County rocked the rental housing industry. Although not binding precedent on other Florida courts, this very questionable interpretation of the law has been used by the law firm which originally brought suit against Equity to bring many more suits against other companies throughout Florida, resulting in millions of dollars being spent by the companies to fight the lawsuits and eventually settle the cases.
Did they really come to an end? Many apartment management companies are still charging these Termination Fees, Lease Buy out amounts and liquidated damages, and in the process, they are exposing themselves to huge lawsuits.
The attorney who is filing these suits has not let up and is actually sending out direct mail pieces to your tenants and former tenants, offering to review their case and possibly represent them if they were charged or paid a fee.
When these lawsuits are filed, they are class action suits which cannot be settled simply by paying one tenant some money to go away. Why are companies still charging these fees? Some don't know about the lawsuits, some are taking a calculated gamble, and others just cannot comprehend how it could be considered illegal to charge such fair fees, fees which actually will benefit a tenant if the unit is not re-rented right away.
Many companies have in-house out of state attorneys who refuse to believe that this is illegal, and some Florida attorneys representing Florida companies are still telling their clients that they can charge these fees, risky advice at best. What can you charge a tenant when they break the lease?
In addition to the usual charges for past due rent and damages, according to Florida Statute Everyone knows that there are additional costs, the costs have been calculated at about 2 months' rent incurred due to a lease break by the tenant, but the law is silent on this issue.
Silence should be golden here, but the court's interpretation says otherwise. The law neither specifically allows for early termination fees or rent acceleration, nor does it specifically allow a landlord to recoup concessions which may have been given.
Suppose a tenant wishes to buy out of the lease Again, for years many leases provided an option to be invoked by the tenant which would typically allow the tenant simply to give days' notice and pay months' rent to buy out of the lease. The tenants loved this, as it allowed for certainty and flexibility, as circumstances may and do change for the tenant, especially in a transient state such as Florida.
Can you do it now?
Now the tenant is faced with possibly having to pay rent until the unit is re-rented, and in the current market, this could be months. Florida law does not provide tenants an early termination right, so an early termination option created under a lease would actually give the tenant another choice, but certain consumer right attorneys are threatening to challenge even a true option created for the tenant's benefit, an option which by definition the tenant could also choose not to take.
The companies that have been sued and have settled are allowed, by a court approved settlement agreement, to charge up to 45 days of rent as a liquidated damages amount and are allowed to charge a tenant a buy-out fee of one month's rent if they give up to 60 days notice and agree to this in the lease or addendum.
Unfortunately a settlement does not make or change law just because it is approved by the court. Do you want to be able to charge these fees?
You can wait until you are sued, pay a couple million dollars, and then you most likely will be able to charge the fees under a settlement agreement. Is it worth the risk?ARGUMENT WRITING CHEAT SHEET PURPOSE To inform an audience that your viewpoint deserves consideration Persuasive Writing and Argument Writing Cheat Sheets Purpose: To help students understand the fundamentals of the 2nd Best Evidence for Your Claim Counterclaim/Rebuttal Expose Opponent’s Best Argument .
3. Rank the three counterclaims in order of importance.
|How to Write an Argumentative Essay||The thesis for your argument needs to be opinionated or debatable. The thesis will usually fall into 4 different categories or claims.|
1 is the strongest counterclaim and 4 is the least strong counterclaim. Just like the claim, we are still in the preliminary stages of writing an argumentative essay.
Student still have some time to revise and/or rework their claims and counterclaims (W 5). Nov 04, · Explanation of Counter Claims and rebuttals-- Created using PowToon -- Free sign up at metin2sell.com -- Create animated .
How in the world are we supposed to apply the Common Core writing standards to teaching English language learners? We've been asking that question of ourselves and others over the past two years, and we suspect we're not the only educators doing so.
Claims for written Argument: The thesis for your argument needs to be opinionated or debatable. Be sure that you construct a focused and narrow thesis-claim that will allow you enough room to write a full essay on your topic. 1) Claims of Fact or Definition. Introduce precise, knowledgeable claim(s), establish the significance of the claim(s), distinguish the claim(s) from alternate or opposing claims, and create.