Empathy List Archives

NB

Neil B. Shoter

Fri, Jul 22, 2011 2:05 PM

Dear Members, I have been contacted by the Policy Chair for the Florida House of Representatives, Civil Justice Subcommittee. Apparently, there is interest by the Florida legislature this year to comprehensively review Part 2 of Section 83, the Residential Landlord/Tenant Act. I am told that this is not being promoted by any particular constituency, but rather was on a list of issues pending for a while and has now been picked for this year's session. We have been asked to provide our input on improvements to Part II by mid-August with the intention that suggested changes to the Statute would be put into a draft proposal by Mid-November for vote in February. This is obviously a short time frame.

I am told that there are no specific issues of concern to State leadership with Part 2, but that they would like to see simplification of lease and deposit disclosures, and perhaps a re-write of the maintenance statute, which reads poorly.

If you practice in the Residential lease area and would like to give input via a Subcommittee on this matter, please email me directly as soon as possible. If you wish to submit specific issues and edits to Part 2 to be passed on to Tallahassee, you may also email those suggestions directly to me. Thank you.

Neil Shoter, Chair

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com/

</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

Dear Members, I have been contacted by the Policy Chair for the Florida House of Representatives, Civil Justice Subcommittee. Apparently, there is interest by the Florida legislature this year to comprehensively review Part 2 of Section 83, the Residential Landlord/Tenant Act. I am told that this is not being promoted by any particular constituency, but rather was on a list of issues pending for a while and has now been picked for this year's session. We have been asked to provide our input on improvements to Part II by mid-August with the intention that suggested changes to the Statute would be put into a draft proposal by Mid-November for vote in February. This is obviously a short time frame. I am told that there are no specific issues of concern to State leadership with Part 2, but that they would like to see simplification of lease and deposit disclosures, and perhaps a re-write of the maintenance statute, which reads poorly. If you practice in the Residential lease area and would like to give input via a Subcommittee on this matter, please email me directly as soon as possible. If you wish to submit specific issues and edits to Part 2 to be passed on to Tallahassee, you may also email those suggestions directly to me. Thank you. Neil Shoter, Chair [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com/> </pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

DW

David Weisman

Fri, Jul 22, 2011 5:51 PM

How about:
"Technical deficiencies in the three day notice which do not result in an inaccurate demand for rent shall not be a basis for dismissal of an action for eviction."

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image001.jpg@01CC4876.6D3C4930]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 22, 2011 10:05 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: Neil B. Shoter
Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act.

Dear Members, I have been contacted by the Policy Chair for the Florida House of Representatives, Civil Justice Subcommittee. Apparently, there is interest by the Florida legislature this year to comprehensively review Part 2 of Section 83, the Residential Landlord/Tenant Act. I am told that this is not being promoted by any particular constituency, but rather was on a list of issues pending for a while and has now been picked for this year's session. We have been asked to provide our input on improvements to Part II by mid-August with the intention that suggested changes to the Statute would be put into a draft proposal by Mid-November for vote in February. This is obviously a short time frame.

I am told that there are no specific issues of concern to State leadership with Part 2, but that they would like to see simplification of lease and deposit disclosures, and perhaps a re-write of the maintenance statute, which reads poorly.

If you practice in the Residential lease area and would like to give input via a Subcommittee on this matter, please email me directly as soon as possible. If you wish to submit specific issues and edits to Part 2 to be passed on to Tallahassee, you may also email those suggestions directly to me. Thank you.

Neil Shoter, Chair

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com/

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

How about: "Technical deficiencies in the three day notice which do not result in an inaccurate demand for rent shall not be a basis for dismissal of an action for eviction." David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [cid:image001.jpg@01CC4876.6D3C4930] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 22, 2011 10:05 AM To: 'RPPTL Landlord Tenant Committee' Cc: Neil B. Shoter Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. Dear Members, I have been contacted by the Policy Chair for the Florida House of Representatives, Civil Justice Subcommittee. Apparently, there is interest by the Florida legislature this year to comprehensively review Part 2 of Section 83, the Residential Landlord/Tenant Act. I am told that this is not being promoted by any particular constituency, but rather was on a list of issues pending for a while and has now been picked for this year's session. We have been asked to provide our input on improvements to Part II by mid-August with the intention that suggested changes to the Statute would be put into a draft proposal by Mid-November for vote in February. This is obviously a short time frame. I am told that there are no specific issues of concern to State leadership with Part 2, but that they would like to see simplification of lease and deposit disclosures, and perhaps a re-write of the maintenance statute, which reads poorly. If you practice in the Residential lease area and would like to give input via a Subcommittee on this matter, please email me directly as soon as possible. If you wish to submit specific issues and edits to Part 2 to be passed on to Tallahassee, you may also email those suggestions directly to me. Thank you. Neil Shoter, Chair [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com/> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

CS

Cary Sabol

Fri, Jul 22, 2011 6:06 PM

I agree with that one too. Also, Neil, you suggested that the members email you
directly, but it might be a good idea for any comments to go the group as a
whole so we can all comment or make added suggestions. Just a thought.

I have had a few situations where the Tenants are pros and they know if they
send the 7 day Notice to L/L that it is a defense to payment of rent, but where
they 7 day is either false or in bad faith or where the tenant then prevents the
L/L from accessing the property to either evaluate the necessary repairs or to
make the repairs. This situation has made it difficult to get the full
advantage of the expedited process and ends up giving the Tenant an extra month
or two of free rent before being evicted.

Similarly, the 7 day Notice provision does not specify what repairs are a basis
for withholding rent. Again, I've had tenants send a 7 day Notice for a minor
issue, withhold rent, and prevent access, and the Judge rules in favor of the
tenant solely because they send the 7 day. Maybe the statute could be a little
more clear on what maintenance issues allow withholding rent - e.g. issues that
affect safety or habitability.

Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049

Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying, distribution,
or use of the information contained herein is STRICTLY PROHIBITED.

From: David Weisman David.Weisman@gmlaw.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Fri, July 22, 2011 1:51:16 PM
Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential
Landlord/Tenant Act.

How about:
“Technical deficiencies in the three day notice which do not result in an
inaccurate demand for rent shall not be a basis for dismissal of an action for
eviction.”

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

Ft. Lauderdale, FL 33309

From:landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 22, 2011 10:05 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: Neil B. Shoter
Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential
Landlord/Tenant Act.

Dear Members, I have been contacted by the Policy Chair for the Florida House of
Representatives, Civil Justice Subcommittee. Apparently, there is interest by
the Florida legislature this year to comprehensively review Part 2 of Section
83, the Residential Landlord/Tenant Act.   I am told that this is not being
promoted by any particular constituency, but rather was on a list of issues
pending for a while and has now been picked for this year's session. We have
been asked to provide our input on improvements to Part II by mid-August with
the intention that suggested changes to the Statute would be put into a draft
proposal by Mid-November for vote in February.   This is obviously a short time
frame.
I am told that there are no specific issues of concern to State leadership with
Part 2, but that they would like to see simplification of lease and deposit
disclosures, and perhaps a re-write of the maintenance statute, which reads
poorly.
If you practice in the Residential lease area and would like to give input via a
Subcommittee on this matter, please email me directly as soon as possible.  If
you wish to submit specific issues and edits to Part 2 to be passed on to
Tallahassee, you may also email those suggestions directly to me.    Thank you.
Neil Shoter, Chair

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | Website

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

The information contained in this transmission may be attorney/client privileged
and confidential. It is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient, you
are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this communication in
error, please notify us immediately by reply e-mail. Pursuant to Internal
Revenue Service guidance, be advised that any federal tax advice contained in
this written or electronic communication, including any attachments or
enclosures, is not intended or written to be used and it cannot be used by any
person or entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal taxing
authority or agency or (ii) promoting, marketing or recommending to another
party any transaction or matter addressed herein.

I agree with that one too. Also, Neil, you suggested that the members email you directly, but it might be a good idea for any comments to go the group as a whole so we can all comment or make added suggestions. Just a thought. I have had a few situations where the Tenants are pros and they know if they send the 7 day Notice to L/L that it is a defense to payment of rent, but where they 7 day is either false or in bad faith or where the tenant then prevents the L/L from accessing the property to either evaluate the necessary repairs or to make the repairs. This situation has made it difficult to get the full advantage of the expedited process and ends up giving the Tenant an extra month or two of free rent before being evicted. Similarly, the 7 day Notice provision does not specify what repairs are a basis for withholding rent. Again, I've had tenants send a 7 day Notice for a minor issue, withhold rent, and prevent access, and the Judge rules in favor of the tenant solely because they send the 7 day. Maybe the statute could be a little more clear on what maintenance issues allow withholding rent - e.g. issues that affect safety or habitability. Cary Sabol Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Fax: (561) 691-6049 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. ________________________________ From: David Weisman <David.Weisman@gmlaw.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Fri, July 22, 2011 1:51:16 PM Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. How about: “Technical deficiencies in the three day notice which do not result in an inaccurate demand for rent shall not be a basis for dismissal of an action for eviction.” David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 Ft. Lauderdale, FL 33309 From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 22, 2011 10:05 AM To: 'RPPTL Landlord Tenant Committee' Cc: Neil B. Shoter Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. Dear Members, I have been contacted by the Policy Chair for the Florida House of Representatives, Civil Justice Subcommittee. Apparently, there is interest by the Florida legislature this year to comprehensively review Part 2 of Section 83, the Residential Landlord/Tenant Act. I am told that this is not being promoted by any particular constituency, but rather was on a list of issues pending for a while and has now been picked for this year's session. We have been asked to provide our input on improvements to Part II by mid-August with the intention that suggested changes to the Statute would be put into a draft proposal by Mid-November for vote in February. This is obviously a short time frame. I am told that there are no specific issues of concern to State leadership with Part 2, but that they would like to see simplification of lease and deposit disclosures, and perhaps a re-write of the maintenance statute, which reads poorly. If you practice in the Residential lease area and would like to give input via a Subcommittee on this matter, please email me directly as soon as possible. If you wish to submit specific issues and edits to Part 2 to be passed on to Tallahassee, you may also email those suggestions directly to me. Thank you. Neil Shoter, Chair Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail | Biography | V-Card | Website IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

GH

Greg Hass

Fri, Jul 22, 2011 7:33 PM

Those are some very good suggestions - adding on to what Cary suggested, perhaps it could also be specified what is NOT a valid basis for withholding rent under 83.56 91) (e.g., claims of mold).

Also, I’d like to see a couple things in 83.53 revised:

 Change “landlord” to “…landlord or the landlord’s agent…”

 Change 83.53(1) to read more like 83.53(2) by getting rid of “tenant may not unreasonably withhold consent” to “”landlord or the landlord’s agent may enter the dwelling unit upon reasonable notice…”, and then provide a definition of “reasonable notice” similar to the one in 83.53 (2).  With no definition of what “unreasonably withhold consent” means it leads to way too much ambiguity IMO.

Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28

[cid:image001.jpg@01C8B0EE.0B556530]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, July 22, 2011 2:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act.

I agree with that one too. Also, Neil, you suggested that the members email you directly, but it might be a good idea for any comments to go the group as a whole so we can all comment or make added suggestions. Just a thought.

I have had a few situations where the Tenants are pros and they know if they send the 7 day Notice to L/L that it is a defense to payment of rent, but where they 7 day is either false or in bad faith or where the tenant then prevents the L/L from accessing the property to either evaluate the necessary repairs or to make the repairs. This situation has made it difficult to get the full advantage of the expedited process and ends up giving the Tenant an extra month or two of free rent before being evicted.

Similarly, the 7 day Notice provision does not specify what repairs are a basis for withholding rent. Again, I've had tenants send a 7 day Notice for a minor issue, withhold rent, and prevent access, and the Judge rules in favor of the tenant solely because they send the 7 day. Maybe the statute could be a little more clear on what maintenance issues allow withholding rent - e.g. issues that affect safety or habitability.

Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

From: David Weisman David.Weisman@gmlaw.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Fri, July 22, 2011 1:51:16 PM
Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act.
How about:
“Technical deficiencies in the three day notice which do not result in an inaccurate demand for rent shall not be a basis for dismissal of an action for eviction.”

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[Email Logo -Resize 30]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 22, 2011 10:05 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: Neil B. Shoter
Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act.

Dear Members, I have been contacted by the Policy Chair for the Florida House of Representatives, Civil Justice Subcommittee. Apparently, there is interest by the Florida legislature this year to comprehensively review Part 2 of Section 83, the Residential Landlord/Tenant Act. I am told that this is not being promoted by any particular constituency, but rather was on a list of issues pending for a while and has now been picked for this year's session. We have been asked to provide our input on improvements to Part II by mid-August with the intention that suggested changes to the Statute would be put into a draft proposal by Mid-November for vote in February. This is obviously a short time frame.

I am told that there are no specific issues of concern to State leadership with Part 2, but that they would like to see simplification of lease and deposit disclosures, and perhaps a re-write of the maintenance statute, which reads poorly.

If you practice in the Residential lease area and would like to give input via a Subcommittee on this matter, please email me directly as soon as possible. If you wish to submit specific issues and edits to Part 2 to be passed on to Tallahassee, you may also email those suggestions directly to me. Thank you.

Neil Shoter, Chair

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
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Those are some very good suggestions - adding on to what Cary suggested, perhaps it could also be specified what is NOT a valid basis for withholding rent under 83.56 91) (e.g., claims of mold). Also, I’d like to see a couple things in 83.53 revised: 1) Change “landlord” to “…landlord or the landlord’s agent…” 2) Change 83.53(1) to read more like 83.53(2) by getting rid of “tenant may not unreasonably withhold consent” to “”landlord or the landlord’s agent may enter the dwelling unit upon reasonable notice…”, and then provide a definition of “reasonable notice” similar to the one in 83.53 (2). With no definition of what “unreasonably withhold consent” means it leads to way too much ambiguity IMO. Greg Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org Be a Star at Florida Realtors Convention & Trade Expo http://convention.floridarealtors.org August 24-28 [cid:image001.jpg@01C8B0EE.0B556530] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Friday, July 22, 2011 2:07 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. I agree with that one too. Also, Neil, you suggested that the members email you directly, but it might be a good idea for any comments to go the group as a whole so we can all comment or make added suggestions. Just a thought. I have had a few situations where the Tenants are pros and they know if they send the 7 day Notice to L/L that it is a defense to payment of rent, but where they 7 day is either false or in bad faith or where the tenant then prevents the L/L from accessing the property to either evaluate the necessary repairs or to make the repairs. This situation has made it difficult to get the full advantage of the expedited process and ends up giving the Tenant an extra month or two of free rent before being evicted. Similarly, the 7 day Notice provision does not specify what repairs are a basis for withholding rent. Again, I've had tenants send a 7 day Notice for a minor issue, withhold rent, and prevent access, and the Judge rules in favor of the tenant solely because they send the 7 day. Maybe the statute could be a little more clear on what maintenance issues allow withholding rent - e.g. issues that affect safety or habitability. Cary Sabol Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Fax: (561) 691-6049 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. ________________________________ From: David Weisman <David.Weisman@gmlaw.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Fri, July 22, 2011 1:51:16 PM Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. How about: “Technical deficiencies in the three day notice which do not result in an inaccurate demand for rent shall not be a basis for dismissal of an action for eviction.” David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [Email Logo -Resize 30] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 22, 2011 10:05 AM To: 'RPPTL Landlord Tenant Committee' Cc: Neil B. Shoter Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. Dear Members, I have been contacted by the Policy Chair for the Florida House of Representatives, Civil Justice Subcommittee. Apparently, there is interest by the Florida legislature this year to comprehensively review Part 2 of Section 83, the Residential Landlord/Tenant Act. I am told that this is not being promoted by any particular constituency, but rather was on a list of issues pending for a while and has now been picked for this year's session. We have been asked to provide our input on improvements to Part II by mid-August with the intention that suggested changes to the Statute would be put into a draft proposal by Mid-November for vote in February. This is obviously a short time frame. I am told that there are no specific issues of concern to State leadership with Part 2, but that they would like to see simplification of lease and deposit disclosures, and perhaps a re-write of the maintenance statute, which reads poorly. If you practice in the Residential lease area and would like to give input via a Subcommittee on this matter, please email me directly as soon as possible. If you wish to submit specific issues and edits to Part 2 to be passed on to Tallahassee, you may also email those suggestions directly to me. Thank you. Neil Shoter, Chair [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com/> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

LC

Leonard Cabral

Fri, Jul 22, 2011 8:20 PM

Group: (Things to ponder)

I believe you are discussing the defense of material noncompliance with
FS§83.51 may be raised by the tenant if 7 day have elapsed after the
delivery of written notice by the tenant to the landlord, specifying the
noncompliance and indicating the intention of the tenant not to pay rent by
reason thereof.

The statute already has a provision for gaining access to a rental

dwelling.

It is still a defense, so the tenant must put $$ into the registry of

the Court or a default shall be entered by the court.

I thought there was a provision that the 7 day notice of non

compliance must be delivered before a default (7 days before 3-day notice)
(which if is not in the statute, should be incorporated into the statute)
but if so that wording that the tenant may withhold rent and that the
request must be in writing should be required to be incorporated into the
lease agreement.

Failure to allow the landlord access to the dwelling unit as provided

by FS §83.53 could be written into the statute as a waiver to the complete
defense allowed in FS §83.60.

I think that the most important item on the agenda is to define what a
defense is and what a challenge to the sufficiency of the pleadings. It
seems that every Court (even in the same district) have their own analogy on
this even after the 4th DCA ruling about posting rent. It all depends on the
judge you draw. Celerity needs to be written into the statue to define
defense as apposed to a legitimate challenge to the sufficiency of the
pleadings.

The law as written could result from a non-owner (with no standing) evicting
a tenant in the wrong venue (wrong county) from a non-residential rental
dwelling, demanding rent to be delivered to Alaska in 3 days (almost
impossible) or to a post office box (impossible) for an amount of rent 100
time the amount actually owed without posting a 3-day notice if the tenant
does not put the amount of rent as stated on the 3-day notice into the
registry of the court. How absurd! It is my opinion that I could evict
anyone based on this law.

I have imagined an eviction against Judge Lee from south Florida who seems
to be on a vendetta using pro-se litigants for his platform for an immediate
default judgment for failure to post money into the Court registry.

Just think,

File an eviction complaint against Lee (in any county Court where the

judge immediately defaults without a hearing).

Use the Courts address and Judge Lees chamber number and the place

of residence.

Attach a 3-day notice to the complaint that was not delivered to him.

Ask for $20k in rent on the three-day notice.

Get a process server to post the notice on the judges door at a time

when someone could go and remove the summons and complaint from the door.

Demand a default for failure to post money in the registry.

Get a writ of possession served on Judge Lees chamber door making it

a trespass if he entered his own chambers after 24 hours notice by the
sheriff.

This may be an extreme example but this happens to my client everyday,
mostly private (absentee) landlords who have their friends go to the clerk
and get an eviction package and file an eviction for their friend and many
slumlords that just want to evict someone for any reason which could be
retaliatory of a violation of ADA or HUD.

A tenant should be able to get a hearing on specific grounds such as lack of
standing (example, suing in an individuals name when the property is in a
trust. Judgment is entered in the name of individual not the trust. This is
fraud on the trust), improper venue, failure to properly deliver a
termination notice or demanding rent on the termination notice be delivered
to a location that is outside the state our outside a 30 mile limit without
giving the tenant an additional 5 days for mailing, (this language should
actually be incorporated into the Supreme Court approved 3-day termination
form), failure to comply with the fictitious name statute, no landlord
tenant relationship (again standing), or any litigate pleading requirement.

The above are not defenses (unless you ask Judge Lee). You would not be able
to file any complaint without the basic sufficiencies of pleading.

Furthermore, the legislature drafted a statute on rulemaking which is
delegated to the Fla. Supreme Court. Only the Courts are empowered to make
rules. (a hotly contested subject right now).

The Florida legislature has promulgating rules (in Fla. Stat. §83.60) which
violate separation of powers doctrine by incorporating court procedure
which requires an immediate default judgment. (a procedure governed by the
rules of court) See Fla. Const. art. II, §3.

In other words the statute quite clearly establishes a substantive right
to an immediate judgment and to seek an award of fees and damages for
failure to post money into the registry of the Court. While the legislature
has established this substantive right, it is the Florida Supreme Court that
has exclusive power to adopt rules for practice and procedure. See Fla.
Const. art. V, §2(a); see also Allen v. Butterworth, 156 So. 2d 52, 53 (Fla.
2000).

I realize all the landlords problems with dead beat tenants but we are
attorneys entrusted with the responsibility of fairness to both landlords
and tenants. I find the Florida Residential Landlord Tenant Act very
landlord friendly; probably the friendliest I can think of except for Texas.
You should all try to practice LL/T in New York City for one day and see
what a tenant friendly state looks like.

Tenants are consistently screwed out of security deposit because they have
no money to hire an attorney. Yet the landlords will put a debt on a
tenants credit report without a judgment or validation by anyone that debt
is fair and reasonable (except the property manager).

Someone please knock me down off my soapbox!

Please do not respond to me with why dont they just pay their Rent.
Because I will respond back with why do property manages act like tyrants
in their own little fiefdoms.

Sorry for the long post. Now I have an appointment with my physiologist. :-)

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, July 22, 2011 2:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Review of Part 2,Section 83 Residential
Landlord/Tenant Act.

I agree with that one too. Also, Neil, you suggested that the members email
you directly, but it might be a good idea for any comments to go the group
as a whole so we can all comment or make added suggestions. Just a thought.

I have had a few situations where the Tenants are pros and they know if they
send the 7 day Notice to L/L that it is a defense to payment of rent, but
where they 7 day is either false or in bad faith or where the tenant then
prevents the L/L from accessing the property to either evaluate the
necessary repairs or to make the repairs. This situation has made it
difficult to get the full advantage of the expedited process and ends up
giving the Tenant an extra month or two of free rent before being evicted.

Similarly, the 7 day Notice provision does not specify what repairs are a
basis for withholding rent. Again, I've had tenants send a 7 day Notice for
a minor issue, withhold rent, and prevent access, and the Judge rules in
favor of the tenant solely because they send the 7 day. Maybe the statute
could be a little more clear on what maintenance issues allow withholding
rent - e.g. issues that affect safety or habitability.

Cary Sabol

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Fax: (561) 691-6049

Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.

From: David Weisman David.Weisman@gmlaw.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Fri, July 22, 2011 1:51:16 PM
Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential
Landlord/Tenant Act.

How about:

Technical deficiencies in the three day notice which do not result in an
inaccurate demand for rent shall not be a basis for dismissal of an action
for eviction.

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

Email Logo -Resize 30

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 22, 2011 10:05 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: Neil B. Shoter
Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential
Landlord/Tenant Act.

Dear Members, I have been contacted by the Policy Chair for the Florida
House of Representatives, Civil Justice Subcommittee. Apparently, there is
interest by the Florida legislature this year to comprehensively review Part
2 of Section 83, the Residential Landlord/Tenant Act. I am told that this
is not being promoted by any particular constituency, but rather was on a
list of issues pending for a while and has now been picked for this year's
session. We have been asked to provide our input on improvements to Part II
by mid-August with the intention that suggested changes to the Statute would
be put into a draft proposal by Mid-November for vote in February. This is
obviously a short time frame.

I am told that there are no specific issues of concern to State leadership
with Part 2, but that they would like to see simplification of lease and
deposit disclosures, and perhaps a re-write of the maintenance statute,
which reads poorly.

If you practice in the Residential lease area and would like to give input
via a Subcommittee on this matter, please email me directly as soon as
possible. If you wish to submit specific issues and edits to Part 2 to be
passed on to Tallahassee, you may also email those suggestions directly to
me. Thank you.

Neil Shoter, Chair

http://www.shutts.com/shutts100.jpg

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail |
http://www.shutts.com/attorneys-Neil-Shoter.html Biography |
http://www.shutts.com/vcard-181.vcf V-Card | http://www.shutts.com/
Website

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have
received this communication in error, please notify us immediately by reply
e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

Group: (Things to ponder) I believe you are discussing the defense of material noncompliance with FS§83.51 may be raised by the tenant if 7 day have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. 1. The statute already has a provision for gaining access to a rental dwelling. 2. It is still a defense, so the tenant must put $$ into the registry of the Court or a default shall be entered by the court. 3. I thought there was a provision that the 7 day notice of non compliance must be delivered before a default (7 days before 3-day notice) (which if is not in the statute, should be incorporated into the statute) but if so that wording that the tenant may withhold rent and that the request must be in writing should be required to be incorporated into the lease agreement. 4. Failure to allow the landlord access to the dwelling unit as provided by FS §83.53 could be written into the statute as a waiver to the complete defense allowed in FS §83.60. I think that the most important item on the agenda is to define what a defense is and what a challenge to the sufficiency of the pleadings. It seems that every Court (even in the same district) have their own analogy on this even after the 4th DCA ruling about posting rent. It all depends on the judge you draw. Celerity needs to be written into the statue to define defense as apposed to a legitimate challenge to the sufficiency of the pleadings. The law as written could result from a non-owner (with no standing) evicting a tenant in the wrong venue (wrong county) from a non-residential rental dwelling, demanding rent to be delivered to Alaska in 3 days (almost impossible) or to a post office box (impossible) for an amount of rent 100 time the amount actually owed without posting a 3-day notice if the tenant does not put the amount of rent as stated on the 3-day notice into the registry of the court. How absurd! It is my opinion that I could evict anyone based on this law. I have imagined an eviction against Judge Lee from south Florida who seems to be on a vendetta using pro-se litigants for his platform for an immediate default judgment for failure to post money into the Court registry. Just think, 1. File an eviction complaint against Lee (in any county Court where the judge immediately defaults without a hearing). 2. Use the Courts address and Judge Lees chamber number and the place of residence. 3. Attach a 3-day notice to the complaint that was not delivered to him. 4. Ask for $20k in rent on the three-day notice. 5. Get a process server to post the notice on the judges door at a time when someone could go and remove the summons and complaint from the door. 6. Demand a default for failure to post money in the registry. 7. Get a writ of possession served on Judge Lees chamber door making it a trespass if he entered his own chambers after 24 hours notice by the sheriff. This may be an extreme example but this happens to my client everyday, mostly private (absentee) landlords who have their friends go to the clerk and get an eviction package and file an eviction for their friend and many slumlords that just want to evict someone for any reason which could be retaliatory of a violation of ADA or HUD. A tenant should be able to get a hearing on specific grounds such as lack of standing (example, suing in an individuals name when the property is in a trust. Judgment is entered in the name of individual not the trust. This is fraud on the trust), improper venue, failure to properly deliver a termination notice or demanding rent on the termination notice be delivered to a location that is outside the state our outside a 30 mile limit without giving the tenant an additional 5 days for mailing, (this language should actually be incorporated into the Supreme Court approved 3-day termination form), failure to comply with the fictitious name statute, no landlord tenant relationship (again standing), or any litigate pleading requirement. The above are not defenses (unless you ask Judge Lee). You would not be able to file any complaint without the basic sufficiencies of pleading. Furthermore, the legislature drafted a statute on rulemaking which is delegated to the Fla. Supreme Court. Only the Courts are empowered to make rules. (a hotly contested subject right now). The Florida legislature has promulgating rules (in Fla. Stat. §83.60) which violate separation of powers doctrine by incorporating court procedure which requires an immediate default judgment. (a procedure governed by the rules of court) See Fla. Const. art. II, §3. In other words the statute quite clearly establishes a substantive right to an immediate judgment and to seek an award of fees and damages for failure to post money into the registry of the Court. While the legislature has established this substantive right, it is the Florida Supreme Court that has exclusive power to adopt rules for practice and procedure. See Fla. Const. art. V, §2(a); see also Allen v. Butterworth, 156 So. 2d 52, 53 (Fla. 2000). I realize all the landlords problems with dead beat tenants but we are attorneys entrusted with the responsibility of fairness to both landlords and tenants. I find the Florida Residential Landlord Tenant Act very landlord friendly; probably the friendliest I can think of except for Texas. You should all try to practice LL/T in New York City for one day and see what a tenant friendly state looks like. Tenants are consistently screwed out of security deposit because they have no money to hire an attorney. Yet the landlords will put a debt on a tenants credit report without a judgment or validation by anyone that debt is fair and reasonable (except the property manager). Someone please knock me down off my soapbox! Please do not respond to me with why dont they just pay their Rent. Because I will respond back with why do property manages act like tyrants in their own little fiefdoms. Sorry for the long post. Now I have an appointment with my physiologist. :-) _____ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Friday, July 22, 2011 2:07 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Review of Part 2,Section 83 Residential Landlord/Tenant Act. I agree with that one too. Also, Neil, you suggested that the members email you directly, but it might be a good idea for any comments to go the group as a whole so we can all comment or make added suggestions. Just a thought. I have had a few situations where the Tenants are pros and they know if they send the 7 day Notice to L/L that it is a defense to payment of rent, but where they 7 day is either false or in bad faith or where the tenant then prevents the L/L from accessing the property to either evaluate the necessary repairs or to make the repairs. This situation has made it difficult to get the full advantage of the expedited process and ends up giving the Tenant an extra month or two of free rent before being evicted. Similarly, the 7 day Notice provision does not specify what repairs are a basis for withholding rent. Again, I've had tenants send a 7 day Notice for a minor issue, withhold rent, and prevent access, and the Judge rules in favor of the tenant solely because they send the 7 day. Maybe the statute could be a little more clear on what maintenance issues allow withholding rent - e.g. issues that affect safety or habitability. Cary Sabol Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Fax: (561) 691-6049 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. _____ From: David Weisman <David.Weisman@gmlaw.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Fri, July 22, 2011 1:51:16 PM Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. How about: Technical deficiencies in the three day notice which do not result in an inaccurate demand for rent shall not be a basis for dismissal of an action for eviction. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 Email Logo -Resize 30 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 22, 2011 10:05 AM To: 'RPPTL Landlord Tenant Committee' Cc: Neil B. Shoter Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. Dear Members, I have been contacted by the Policy Chair for the Florida House of Representatives, Civil Justice Subcommittee. Apparently, there is interest by the Florida legislature this year to comprehensively review Part 2 of Section 83, the Residential Landlord/Tenant Act. I am told that this is not being promoted by any particular constituency, but rather was on a list of issues pending for a while and has now been picked for this year's session. We have been asked to provide our input on improvements to Part II by mid-August with the intention that suggested changes to the Statute would be put into a draft proposal by Mid-November for vote in February. This is obviously a short time frame. I am told that there are no specific issues of concern to State leadership with Part 2, but that they would like to see simplification of lease and deposit disclosures, and perhaps a re-write of the maintenance statute, which reads poorly. If you practice in the Residential lease area and would like to give input via a Subcommittee on this matter, please email me directly as soon as possible. If you wish to submit specific issues and edits to Part 2 to be passed on to Tallahassee, you may also email those suggestions directly to me. Thank you. Neil Shoter, Chair <http://www.shutts.com/shutts100.jpg> Neil B. Shoter Partner / LEED Accredited Professional _____ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/attorneys-Neil-Shoter.html> Biography | <http://www.shutts.com/vcard-181.vcf> V-Card | <http://www.shutts.com/> Website IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

LC

Leonard Cabral

Fri, Jul 22, 2011 9:08 PM

David:

So if the notice does not give an address to tender the rent, it's ok?

If the notice does not give three days to tender, it's ok?

If the landlord doesn't give the tenant an opportunity to tender rent, it's
ok?

If the landlord give the tenant 3-days to deliver rent to Alaska, it's ok?

If the landlord send the notice by mail and the tenant doesn't get the mail
until the three days have passed, it's ok to file the complaint?

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Friday, July 22, 2011 1:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential
Landlord/Tenant Act.

How about:

"Technical deficiencies in the three day notice which do not result in an
inaccurate demand for rent shall not be a basis for dismissal of an action
for eviction."

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

Email Logo -Resize 30

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 22, 2011 10:05 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: Neil B. Shoter
Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential
Landlord/Tenant Act.

Dear Members, I have been contacted by the Policy Chair for the Florida
House of Representatives, Civil Justice Subcommittee. Apparently, there is
interest by the Florida legislature this year to comprehensively review Part
2 of Section 83, the Residential Landlord/Tenant Act. I am told that this
is not being promoted by any particular constituency, but rather was on a
list of issues pending for a while and has now been picked for this year's
session. We have been asked to provide our input on improvements to Part II
by mid-August with the intention that suggested changes to the Statute would
be put into a draft proposal by Mid-November for vote in February. This is
obviously a short time frame.

I am told that there are no specific issues of concern to State leadership
with Part 2, but that they would like to see simplification of lease and
deposit disclosures, and perhaps a re-write of the maintenance statute,
which reads poorly.

If you practice in the Residential lease area and would like to give input
via a Subcommittee on this matter, please email me directly as soon as
possible. If you wish to submit specific issues and edits to Part 2 to be
passed on to Tallahassee, you may also email those suggestions directly to
me. Thank you.

Neil Shoter, Chair

http://www.shutts.com/shutts100.jpg

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail |
http://www.shutts.com/attorneys-Neil-Shoter.html Biography |
http://www.shutts.com/vcard-181.vcf V-Card | http://www.shutts.com/
Website

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have

received this communication in error, please notify us immediately by reply
e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it

cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

David: So if the notice does not give an address to tender the rent, it's ok? If the notice does not give three days to tender, it's ok? If the landlord doesn't give the tenant an opportunity to tender rent, it's ok? If the landlord give the tenant 3-days to deliver rent to Alaska, it's ok? If the landlord send the notice by mail and the tenant doesn't get the mail until the three days have passed, it's ok to file the complaint? _____ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Friday, July 22, 2011 1:51 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. How about: "Technical deficiencies in the three day notice which do not result in an inaccurate demand for rent shall not be a basis for dismissal of an action for eviction." David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 Email Logo -Resize 30 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 22, 2011 10:05 AM To: 'RPPTL Landlord Tenant Committee' Cc: Neil B. Shoter Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act. Dear Members, I have been contacted by the Policy Chair for the Florida House of Representatives, Civil Justice Subcommittee. Apparently, there is interest by the Florida legislature this year to comprehensively review Part 2 of Section 83, the Residential Landlord/Tenant Act. I am told that this is not being promoted by any particular constituency, but rather was on a list of issues pending for a while and has now been picked for this year's session. We have been asked to provide our input on improvements to Part II by mid-August with the intention that suggested changes to the Statute would be put into a draft proposal by Mid-November for vote in February. This is obviously a short time frame. I am told that there are no specific issues of concern to State leadership with Part 2, but that they would like to see simplification of lease and deposit disclosures, and perhaps a re-write of the maintenance statute, which reads poorly. If you practice in the Residential lease area and would like to give input via a Subcommittee on this matter, please email me directly as soon as possible. If you wish to submit specific issues and edits to Part 2 to be passed on to Tallahassee, you may also email those suggestions directly to me. Thank you. Neil Shoter, Chair <http://www.shutts.com/shutts100.jpg> Neil B. Shoter Partner / LEED Accredited Professional _____ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/attorneys-Neil-Shoter.html> Biography | <http://www.shutts.com/vcard-181.vcf> V-Card | <http://www.shutts.com/> Website IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

CH

Crissy Hyde

Tue, Jul 26, 2011 5:21 PM

July 22, 2011

Can anybody recommend a lawyer in Kansas to help us with a residential lease
form?

Very truly yours,

Jeffrey R. Mazor, Esq.

July 22, 2011 Can anybody recommend a lawyer in Kansas to help us with a residential lease form? Very truly yours, Jeffrey R. Mazor, Esq.

CK

Charles Klug

Thu, Jul 28, 2011 2:09 PM

Here is the name of a classmate from law school. He has a general practice in Coffey County, Kansas.

Brad L. Jones
202 Hudson Street
Burlington, KS 66839-1325 (620) 364-5407

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Crissy Hyde
Sent: Tuesday, July 26, 2011 1:22 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Kansas Counsel

July 22, 2011

Can anybody recommend a lawyer in Kansas to help us with a residential lease form?

Very truly yours,

Jeffrey R. Mazor, Esq.

NOTICE: The Tampa Port Authority is a public agency subject to Chapter 119 of the Florida Statutes concerning public records. Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, please promptly notify this office at (813) 905-7678 or email the sender and return the original message.

Here is the name of a classmate from law school. He has a general practice in Coffey County, Kansas. Brad L. Jones 202 Hudson Street Burlington, KS 66839-1325 (620) 364-5407 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Crissy Hyde Sent: Tuesday, July 26, 2011 1:22 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Kansas Counsel July 22, 2011 Can anybody recommend a lawyer in Kansas to help us with a residential lease form? Very truly yours, Jeffrey R. Mazor, Esq. NOTICE: The Tampa Port Authority is a public agency subject to Chapter 119 of the Florida Statutes concerning public records. Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, please promptly notify this office at (813) 905-7678 or email the sender and return the original message.