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Defeated or thwarted?

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BOWPAB

Guest
What is the name of your state? Florida
Dear Sirs, What does this mean? I was reading up on the obligations a Landlord and tenant have. This was something I did not understand..."The obligation of the LL to maintain fit premises in accordance with Section 2.104(a) and the rights and remedies of the tenant under Articles II and IV cannot be defeated or thwarted by the assignment of rents." If anyone could help interpret this I would appreciate it. Thanks, Pam
 


bubbly602

Member
Pam,

You're probably not going to get any answers if you keep starting new threads. Keep all your posts on the same thread. Every time someone posts a reply to a thread, it gets moved to the top of the list and the envelope becomes yellow. They'll see it, but it's easier for people to answer if they can read all the posts abou your situation without having to jump between threads. Good Luck
 
B

BOWPAB

Guest
Bubbly

Florida-Sorry , I did not mean to be any trouble. I did not know, I am new to this, so I will learn. Thanks for your help. Pam
 

bubbly602

Member
actually

what I was referring to was the fact that the OP had an initial thread called "subpoena's" which was responded to. Then she posted a new thread called "same problem, new twist." This indicates that it is connected to her original subpoena thread, since A) She posted the subpoena thread in the LT forum for no reason that anyone could see, rather than posting in one of the other forums; B) it was, at the time, her only other post in this forum. Three hours and 11 minutes later, she began a third thread, entitled "defeated or thwarted?" This is the post I apparently "redirected." I apologize if I gave the wrong impression, I did not mean to imply a duplicate post had occurred, but I did not say duplicate post. What I said was it's easier to answer questions if everything related to the situation was in one thread, so people did not have to jump back and forth to the other posts. The poster responded in a manner to indicate that she understood what I meant. I wasn't aware that giving some advice on a situation I've seen many times in these forums(starting a new thread about a new problem related to a prior post) qualified me as a twit.
 
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JETX

Senior Member
Re: actually

"what I was referring to was the fact that the OP had an initial thread called "subpoena's" which was responded to. Then she posted a new thread called "same problem, new twist."
*** And if you had taken the time to actually READ and understand the two posts, you would have seen that they were different questions with different responses.
This thread asks about assignment of rents, while the 'other' post asks, "Can someone other than an attorney obtain a subpoena? How do I go about it?"

"I wasn't aware that giving some advice on a situation I've seen many times in these forums(starting a new thread about a new problem related to a prior post) qualified me as a twit."
*** The 'twit' part comes as a result of NOT reading the posts, understanding that the ARE different and still trying to be a forum 'police'.
 
B

BOWPAB

Guest
Excuse my lack of knowledge

Dear Sirs, I am so sorry if my ignorance caused you to have words between each other. I did not know that I could keep requesting advice through the same thread, I thought if it was a different question , that I needed to start a new message. I am still in the learning process for the forum and I appreciate you explaining the process to me , but, I did not mean to start any problems. Please accept my apology. Pam
 

JETX

Senior Member
Pam, no problem on your part. The only problem was when a 'newbie' decided to try to be the 'forum police' and instructed you (erroneously) as to his claim that you shouldn't be starting a new thread to continue an existing one. Though he was correct in his attempt, a full review of the two threads shows that they were not continuations of the same subject, but were really two separate subjects.
 

JETX

Senior Member
Oh, and due to the confusion caused by the thread issue, it appears that no one really answered your question.

"The obligation of the LL to maintain fit premises in accordance with Section 2.104(a) and the rights and remedies of the tenant under Articles II and IV cannot be defeated or thwarted by the assignment of rents." If anyone could help interpret this I would appreciate it."
*** What this means is that the landlord cannot waive his obligations to maintain the premises by 'assigning the rents' to another. Such as a property manager, son-in-law, etc. The landlord would still be responsible.
 

HomeGuru

Senior Member
JETX, just as an aside; in my opinion, that clause is not needed. As both common and statutory law would require the property owner/landlord to maintain fit premises no matter who the rent was paid or assigned to. I do not understand the state's intentions for including such a clause.
 

JETX

Senior Member
I agree. I assume that someone (probably a relative of a legislator!) lost a suit because a landlord managed to dodge his responsibility by 'assigning' the property to someone else. He/she then went whining about it.... that is the only reason I can think of why that idiotic (and unnecessary) clause is in the statute.

Another example of idiot laws.....
 
B

BOWPAB

Guest
Thank-you, both

Dear Sirs, Thank-you so much for sharing your knowledge of the legal field. You answered my question and explained it to me in layman's terms. I hope the confusion was resolved. I think it is great that there is a so-called "Forum Police" , it will be especially helpful to us newcomers. You both have been direct and to the point and ...correct! Thanks Again,, Pam
 

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