TAX v. KEISER

No. 75-939.

328 So.2d 517 (1976)

Esther TAX and Burton Tax, Appellants, v. Lester KEISER d/b/a Las Brisas Apartments, South and Aetna Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

March 19, 1976.


Attorney(s) appearing for the Case

Arnold R. Ginsberg of Horton, Perse & Ginsberg, and Stanley M. Rosenblatt, P.A., Miami, for appellants.

Nancy Little Hoffmann, of Druck, Grimmett, Norman, Weaver & Scherer, Fort Lauderdale, for appellees.


DOWNEY, Judge.

On November 1, 1972, appellants as lessees and appellee Keiser as lessor entered into a written lease for an apartment in appellee's building. The lease contained an exculpatory provision wherein the tenants waived any claim against the landlord for negligence arising out of the defective condition of the premises. Although the term of the written lease was to begin December 1, 1972, appellants entered into possession of the apartment on November 21...

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