Legal Question in Landlord & Tenant Law in Florida

My lease states, "If landlord employs an attorney due to TENANT's violation of the terms and conditions of this lease, TENANT shall be responsible for all costs and reasonable attorney's fees as incurred by the landlord whether or not suit is filed."

I paid $250 for a NOTICE of NONCOMPLIANCE (7-day) from an attorney. Tenant was running a business. The signs of business were removed after he received the notice. Can I, as landlord, pass this expense to the tenant? How? Do I send a bill asking for attorney's fees per the lease agreement? What if the tenant refuses? Can the fees be deducted from security?


Asked on 7/10/13, 3:25 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Yes, per the one sentence assuming the terms and conditions of lease require what you demanded, then you are entitle to reimbursement for the fees incurred. You would need to make a demand. If not paid, you need to have your lease reviewed to determine if non payment is a breach of the agreement and this would entitle you to terminate the lease. The one sentence you provided is insufficient to determine that. The security is likely for damages only but you would need the lease reviewed with regard to that issue as well.

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Answered on 7/10/13, 3:44 pm
David Slater David P. Slater, Esq.

While you would be entitled to reimbursement of the fee you cannot take it from security.

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Answered on 7/11/13, 12:47 am


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