CHRYSTERIA EDWARDS
v.
PALM BEACH COUNTY HOUSING AUTHORITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Edwards challenged her eviction for late rent payment, arguing that a settlement agreement with her landlord incorporated a five-day grace period from the original lease. The court reversed the eviction, holding that the settlement agreement's reference to performing rent obligations "pursuant to" the original lease unambiguously incorporated the grace period.
The court held that the settlement agreement unambiguously incorporated the sections of the original lease relating to the due date, including the five-day grace period, based on the language requiring rent to be paid "pursuant to" the original lease. Therefore, Edwards' payment on September 3 was timely under the incorporated grace period.
[1] When a contract expressly refers to and sufficiently describes another document, that other document is interpreted as part of the writing.
[2] The phrase "pursuant to" indicates that an action is to be carried out in conformity with or according to a specified document or provision.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The doctrine of incorporation explains that when a contract "expressly refers to and sufficiently describes another document, that other document ... [should] be interpreted as part of the writing."”
Establishes the legal framework for determining whether the settlement agreement incorporated the grace period from the original lease.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEdwards was a tenant under a lease with Palm Beach County Housing Authority (PBCHA) that included a five-day grace period for rent payment. When PBCHA…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Grace Period cases and more on FLexlaw
FL 33401
PER CURIAM.
REVERSED.
Chrysteria Edwards appeals a final judgment of eviction entered in favor of Appellee/Plaintiff, Palm Beach County Housing Authority ("PBCHA"). Edwards and PBCHA had an original lease agreement ("Lease") that provided a five-day grace period before PBCHA could impose any charges or issue any notices to vacate. PBCHA attempted to terminate the Lease due to inconsistencies it discovered in Edwards' rental application, but Edwards and PBCHA entered into a settlement agreement ("Agreement") which permitted Edwards to continue living in her unit. The Agreement states in pertinent part, "Ms. Edwards also agrees to pay her usual monthly rent of $412.00 on the first day of each month, pursuant to her lease agreement." Edwards failed to pay her rent on September 1, 2010, and instead paid on September 3, 2010. PBCHA issued a seven (7) day notice of termination, but Edwards refused to vacate, claiming that she was entitled to the five-day grace period. The trial court determined that the Agreement unambiguously required rent to be paid on the first day of the month, and that the five-day grace period no longer applied. We disagree.
There is no debate that both the Lease and the Agreement provide that rent is due on the first of the month; the only question is whether the Agreement incorporated the five-day grace period from the original Lease. The doctrine of incorporation explains that when a contract "expressly refers to and sufficiently describes another document, that other document ... [should] be interpreted as part of the writing." Courtesy Auto Group, Inc. v. Garcia, 778 So. 2d 1000, 1002 (Fla. 5th DCA 2000). The phrase "pursuant to" means "in carrying out," "in conformity with," and "according to." MERRIAM-WEBSTER ONLINE DICTIONARY, http://www.merriamwebster.com (last visited July 11, 2011). Thus, paragraph 4(e) required Ms. Edwards to pay "her usual monthly rent of $412.00 on the first day of each month" in conformity with the original Lease. We hold that the sections of the Lease relating to the due date, including the five-day grace period, are unambiguously incorporated by reference into the Agreement. Accordingly, PBCHA's notice of termination violated the parties' Agreement. The order of eviction is REVERSED and REMANDED with directions to enter final judgment in favor of Edwards.
Appellee's Motion for Appellate Attorney's Fees is DENIED.
BROWN, COX, and HAFELE, JJ., concur.