If my lease statesI will have full use of the landlord’s social membership during the course of my lease but landlord hasn’t paid their dues, what are my rights?

The monthly dues are approximately $320 or so a month. I was told last month by the resort membership office that I would no longer be considered a member as my landlord had not paid his dues for the 2 months. I could, however, purchase an exchange membership for $5K down and $600 a month. My lease expires in about 4 months. I have not made this month’s lease payment as of yet.

Asked on March 8, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since the landlord seems to be violating the contract (that's what a lease is; a contract) by not providing you access to the services you are supposed to get, you have grounds to seek compensation from the landlord. The most likely measurement for compensation would be the difference between the rent you are paying and the fair market rent this apartment or unit would command without the social membership; that is, say you are paying $1,000 a month, but without the membership, the apartment would be worth $700 (you would determine this by looking at apartments which are otherwise more or less comparable but lack the membership). You would therefore be entitled to an abatement (reduction or rebate) of rent of $300 per month, for all the months you do not have use of the membership. If the landlord will not voluntarily compensate you, you could sue for this amount.


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