PLAKHOV -v- SEROVA, No. 4D11-3280, slip op. (Fla. 4th DCA, October 24, 2012)
During the residential tenancy agreement, the landlord Serova was faced with a foreclosure action and difficulty paying the monthly assessments on the condominium unit rented to Plakhov. The tenant, having received notice of both the foreclosure action and nonpayment of the association dues, grew worried. Unknown to the tenant, the landlord was in discussions with the mortgage lender to modify the mortgage, and subsequently made modification payments to the lender.
Also unknown to the tenant, the landlord had brought her condominium association payments current two months before the tenant decided it was in his best interest to move out. It took several months for the landlord to find a new tenant. Consequently, the landlord not only took the security deposit but also obtained a money judgment for $16,700 against Plakhov. While affirming the judgment, the appellate court rejected the tenant’s defenses which included allegations of constructive eviction created by the landlord’s defaulted payments.
Author - Rex Russo
Over 35 years experience with Appeals, Real Estate Litigation, and Bankruptcy Actions and Adversary Defense.