Empathy List Archives

RR

RPPTL Real Estate Leasing Committee

Thu, Feb 25, 2021 7:25 PM

Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts:

Lease ends November 30th.
T fails to pay rent for October and November
L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door)
T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50
T moves out and T & L inspect the property at the end of the lease.
L relets the premises
L sends notice of claim to withhold SD and notice of balance of <$50
Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees.

My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties.

Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot.

Thanks for your thoughts.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

[cid:image002.png@01D70B81.9F2A1160]
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
www.ezellfirmpa.com http://www.ezellfirmpa.com/

[Secure Insight Registered Closing Agent Seal]

PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION.

WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account.

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts: Lease ends November 30th. T fails to pay rent for October and November L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door) T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50 T moves out and T & L inspect the property at the end of the lease. L relets the premises L sends notice of claim to withhold SD and notice of balance of <$50 Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees. My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties. Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on? Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot. Thanks for your thoughts. Brenda Best regards, Brenda B. Ezell, B.C.S. [BCS] [cid:image002.png@01D70B81.9F2A1160] 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) www.ezellfirmpa.com<http://www.ezellfirmpa.com/> [Secure Insight Registered Closing Agent Seal] PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION. WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account. CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

RR

RPPTL Real Estate Leasing Committee

Thu, Feb 25, 2021 7:58 PM

Hi Brenda!

If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession.

A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested.

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:25 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Eviction Question

Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts:

Lease ends November 30th.
T fails to pay rent for October and November
L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door)
T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50
T moves out and T & L inspect the property at the end of the lease.
L relets the premises
L sends notice of claim to withhold SD and notice of balance of <$50
Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees.

My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties.

Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot.

Thanks for your thoughts.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

[cid:image002.png@01D70B86.5E7B48A0]
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
www.ezellfirmpa.com http://www.ezellfirmpa.com/

[Secure Insight Registered Closing Agent Seal]

PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION.

WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account.

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

Hi Brenda! If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession. A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:25 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: [RPPTL Leasing Committee] Eviction Question Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts: Lease ends November 30th. T fails to pay rent for October and November L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door) T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50 T moves out and T & L inspect the property at the end of the lease. L relets the premises L sends notice of claim to withhold SD and notice of balance of <$50 Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees. My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties. Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on? Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot. Thanks for your thoughts. Brenda Best regards, Brenda B. Ezell, B.C.S. [BCS] [cid:image002.png@01D70B86.5E7B48A0] 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) www.ezellfirmpa.com<http://www.ezellfirmpa.com/> [Secure Insight Registered Closing Agent Seal] PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION. WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account. CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

RR

RPPTL Real Estate Leasing Committee

Thu, Feb 25, 2021 8:10 PM

Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:59 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Hi Brenda!

If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession.

A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested.

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:25 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Eviction Question

Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts:

Lease ends November 30th.
T fails to pay rent for October and November
L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door)
T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50
T moves out and T & L inspect the property at the end of the lease.
L relets the premises
L sends notice of claim to withhold SD and notice of balance of <$50
Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees.

My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties.

Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot.

Thanks for your thoughts.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

[cid:image002.png@01D70B88.4A541080]
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
www.ezellfirmpa.com http://www.ezellfirmpa.com/

[Secure Insight Registered Closing Agent Seal]

PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION.

WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account.

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:59 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL Leasing Committee] Eviction Question Hi Brenda! If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession. A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:25 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: [RPPTL Leasing Committee] Eviction Question Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts: Lease ends November 30th. T fails to pay rent for October and November L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door) T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50 T moves out and T & L inspect the property at the end of the lease. L relets the premises L sends notice of claim to withhold SD and notice of balance of <$50 Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees. My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties. Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on? Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot. Thanks for your thoughts. Brenda Best regards, Brenda B. Ezell, B.C.S. [BCS] [cid:image002.png@01D70B88.4A541080] 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) www.ezellfirmpa.com<http://www.ezellfirmpa.com/> [Secure Insight Registered Closing Agent Seal] PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION. WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account. CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

RR

RPPTL Real Estate Leasing Committee

Thu, Feb 25, 2021 8:54 PM

In light of that, I would encourage the Tenant to file a Motion to Vacate the Default (likely as to the damages count only) and defend on the basis that the claim was resolved by settlement.

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 3:10 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:59 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Hi Brenda!

If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession.

A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested.

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:25 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Eviction Question

Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts:

Lease ends November 30th.
T fails to pay rent for October and November
L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door)
T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50
T moves out and T & L inspect the property at the end of the lease.
L relets the premises
L sends notice of claim to withhold SD and notice of balance of <$50
Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees.

My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties.

Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot.

Thanks for your thoughts.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

[cid:image002.png@01D70B8E.7BBFFC00]
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
www.ezellfirmpa.com http://www.ezellfirmpa.com/

[Secure Insight Registered Closing Agent Seal]

PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION.

WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account.

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

In light of that, I would encourage the Tenant to file a Motion to Vacate the Default (likely as to the damages count only) and defend on the basis that the claim was resolved by settlement. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 3:10 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL Leasing Committee] Eviction Question Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:59 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: Re: [RPPTL Leasing Committee] Eviction Question Hi Brenda! If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession. A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:25 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: [RPPTL Leasing Committee] Eviction Question Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts: Lease ends November 30th. T fails to pay rent for October and November L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door) T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50 T moves out and T & L inspect the property at the end of the lease. L relets the premises L sends notice of claim to withhold SD and notice of balance of <$50 Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees. My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties. Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on? Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot. Thanks for your thoughts. Brenda Best regards, Brenda B. Ezell, B.C.S. [BCS] [cid:image002.png@01D70B8E.7BBFFC00] 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) www.ezellfirmpa.com<http://www.ezellfirmpa.com/> [Secure Insight Registered Closing Agent Seal] PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION. WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account. CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

RR

RPPTL Real Estate Leasing Committee

Thu, Feb 25, 2021 10:36 PM

“T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50”

How is this construed as “an agreement”?

How many times did you hear a tenant say: “Use my security deposit for my rent owed”? Is that an agreement?

Harry

https://evict.com/cdcresourcesmarch UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSION

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

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Visit us on Facebook

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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 3:54 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

In light of that, I would encourage the Tenant to file a Motion to Vacate the Default (likely as to the damages count only) and defend on the basis that the claim was resolved by settlement.

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 3:10 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:59 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Hi Brenda!

If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession.

A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested.

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:25 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Subject: [RPPTL Leasing Committee] Eviction Question

Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts:

Lease ends November 30th.

T fails to pay rent for October and November

L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door)

T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50

T moves out and T & L inspect the property at the end of the lease.

L relets the premises

L sends notice of claim to withhold SD and notice of balance of <$50

Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees.

My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties.

Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot.

Thanks for your thoughts.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

3560 Cardinal Point Drive, Suite 202

Jacksonville, FL 32257

904.432.3200 (o)

904-432-3201 (f)

http://www.ezellfirmpa.com/ www.ezellfirmpa.com

PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION.

WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account.

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

“T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50” How is this construed as “an agreement”? How many times did you hear a tenant say: “Use my security deposit for my rent owed”? Is that an agreement? Harry <https://evict.com/cdcresourcesmarch> UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSION LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 3:54 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL Leasing Committee] Eviction Question In light of that, I would encourage the Tenant to file a Motion to Vacate the Default (likely as to the damages count only) and defend on the basis that the claim was resolved by settlement. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com <http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> > On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 3:10 PM To: landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> Subject: Re: [RPPTL Leasing Committee] Eviction Question Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed. From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> > On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:59 PM To: landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> Subject: Re: [RPPTL Leasing Committee] Eviction Question Hi Brenda! If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession. A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com <http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> > On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:25 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> > Subject: [RPPTL Leasing Committee] Eviction Question Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts: Lease ends November 30th. T fails to pay rent for October and November L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door) T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50 T moves out and T & L inspect the property at the end of the lease. L relets the premises L sends notice of claim to withhold SD and notice of balance of <$50 Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees. My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties. Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on? Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot. Thanks for your thoughts. Brenda Best regards, Brenda B. Ezell, B.C.S. 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) <http://www.ezellfirmpa.com/> www.ezellfirmpa.com PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION. WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account. CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

RR

RPPTL Real Estate Leasing Committee

Thu, Feb 25, 2021 11:16 PM

I agree with Amanda, no judgment for damages, including attorney fees and
costs without personal service see 83.625 below. Also feel a motion to
dismiss is appropriate as the case is moot once the tenant vacated.

83.625 Power to award possession and enter money judgment.—In an action by
the landlord for possession of a dwelling unit based upon nonpayment of
rent, if the court finds the rent is due, owing, and unpaid and by reason
thereof the landlord is entitled to possession of the premises, the court,
in addition to awarding possession of the premises to the landlord, shall
direct, in an amount which is within its jurisdictional limitations, the
entry of a money judgment with costs in favor of the landlord and against
the tenant for the amount of money found due, owing, and unpaid by the
tenant to the landlord. However, no money judgment shall be entered unless
service of process has been effected by personal service or, where
authorized by law, by certified or registered mail, return receipt, or in
any other manner prescribed by law or the rules of the court; and no money
judgment may be entered except in compliance with the Florida Rules of
Civil Procedure. The prevailing party in the action may also be awarded
attorney’s fees and costs.

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Thu, Feb 25, 2021 at 5:52 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:

“T contacts L and advises that he will be moving at the end of November
and L can offset the two month’s past due rent leaving T with a balance of
less than $50”

How is this construed as “an agreement”?

How many times did you hear a tenant say: “Use my security deposit for my
rent owed”? Is that an agreement?

Harry

*UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSION
https://evict.com/cdcresourcesmarch *

*LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428FAX: 1 800 367
9038"Serving the Property Management Professional"Website: *
www.evict.com http://www.evict.com/

Email: *harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Thursday, February 25, 2021 3:54 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

In light of that, I would encourage the Tenant to file a Motion to Vacate
the Default (likely as to the damages count only) and defend on the basis
that the claim was resolved by settlement.

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com

Please note that Bentley Law Firm is taking precautionary measures to
safeguard its personnel, clients, and guests due to concerns regarding
COVID-19. As with Firm personnel, we are asking our guests to refrain from
visiting Bentley Law Firm unless absolutely necessary. We will be
available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any
inconvenience.

From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Thursday, February 25, 2021 3:10 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Thank you so much Amanda! The Tenant did default because he reached out
directly to the landlord believing that this would resolve the issue and
the case would be dismissed.

From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Thursday, February 25, 2021 2:59 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Hi Brenda!

If I understand the fact pattern correctly, its not an issue of mootness
given that the lease has now expired, but that the eviction was resolved as
a result of the agreement to offset (the security deposit?) to the amount
owed for the last two months of rent. If they did in fact reach an
agreement the Oct/Nov rent, I would argue the Landlord is estopped from
seeking a final judgment of eviction as a result of the settlement and
Tenant’s relinquishment of possession.

A few other points of concern: is the Tenant defaulted? Normally, if there
is no personal service, there can be no judgment for damages or fees as to
the tenant, only a judgment for possession. Even if the Tenant is
defaulted, he/she would still have the right to contest the amount of
damages, which includes the attorneys’ fees requested.

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com

Please note that Bentley Law Firm is taking precautionary measures to
safeguard its personnel, clients, and guests due to concerns regarding
COVID-19. As with Firm personnel, we are asking our guests to refrain from
visiting Bentley Law Firm unless absolutely necessary. We will be
available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any
inconvenience.

From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Thursday, February 25, 2021 2:25 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Eviction Question

Hi everyone. I have an eviction question (and for those of you who know
me, no I am not the litigator here 😊). Here are the relevant facts:

Lease ends November 30th.

T fails to pay rent for October and November

L files an eviction complaint in November (fails to personally serve T who
is still on the property but later posts on the door)

T contacts L and advises that he will be moving at the end of November and
L can offset the two month’s past due rent leaving T with a balance of less
than $50

T moves out and T & L inspect the property at the end of the lease.

L relets the premises

L sends notice of claim to withhold SD and notice of balance of <$50

Now T’s attorney has filed a motion for final judgment of eviction and
attorney’s fees.

My question is whether the eviction action is moot since the lease has
expired. I believe it should be dismissed since there is no longer a LL/T
relationship between the parties.

Side note: the fee request is fairly significant and seems out of line
with what the efforts should have been. Should there even be a final
judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to
this motion for final judgment? I think it should be motion to dismiss
because the issue is moot.

Thanks for your thoughts.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

[image: BCS]

3560 Cardinal Point Drive, Suite 202

Jacksonville, FL 32257

904.432.3200 (o)

904-432-3201 (f)

www.ezellfirmpa.com

[image: Secure Insight Registered Closing Agent Seal]

PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE
COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND
OUR SAFETY. WE APPRECIATE YOUR COOPERATION*.*

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recipient to confirm the routing number and the account number. You should
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I agree with Amanda, no judgment for damages, including attorney fees and costs without personal service see 83.625 below. Also feel a motion to dismiss is appropriate as the case is moot once the tenant vacated. 83.625 Power to award possession and enter money judgment.—In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent, if the court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to possession of the premises, the court, in addition to awarding possession of the premises to the landlord, shall direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment with costs in favor of the landlord and against the tenant for the amount of money found due, owing, and unpaid by the tenant to the landlord. However, no money judgment shall be entered unless service of process has been effected by personal service or, where authorized by law, by certified or registered mail, return receipt, or in any other manner prescribed by law or the rules of the court; and no money judgment may be entered except in compliance with the Florida Rules of Civil Procedure. The prevailing party in the action may also be awarded attorney’s fees and costs. Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Thu, Feb 25, 2021 at 5:52 PM RPPTL Real Estate Leasing Committee < landten@lists.flabarrpptl.org> wrote: > “T contacts L and advises that he will be moving at the end of November > and L can offset the two month’s past due rent leaving T with a balance of > less than $50” > > > > How is this construed as “an agreement”? > > > > How many times did you hear a tenant say: “Use my security deposit for my > rent owed”? Is that an agreement? > > > > Harry > > > > *UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSION > <https://evict.com/cdcresourcesmarch> * > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428FAX: 1 800 367 > 9038"Serving the Property Management Professional"Website: * > *www.evict.com* <http://www.evict.com/> > * Email: **harry@evict.com* <harry@evict.com> > > <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> > > > *Visit us on Facebook* > > > > > > THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND > INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR > DISTRIBUTION IS STRICTLY PROHIBITED. > > > > > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate > Leasing Committee > *Sent:* Thursday, February 25, 2021 3:54 PM > *To:* landten@lists.flabarrpptl.org > *Subject:* Re: [RPPTL Leasing Committee] Eviction Question > > > > In light of that, I would encourage the Tenant to file a Motion to Vacate > the Default (likely as to the damages count only) and defend on the basis > that the claim was resolved by settlement. > > > > Amanda R. Kison, Esq. > > Board Certified Business Litigation > > Bentley Law Firm P.A. > > 783 South Orange Ave., 3rd Floor > > Sarasota, FL 34236 > > (941) 556-9030 (Main) > > www.thebentleylawfirm.com > > > > *Please note that* *Bentley Law Firm is taking precautionary measures to > safeguard its personnel, clients, and guests due to concerns regarding > COVID-19. As with Firm personnel, we are asking our guests to refrain from > visiting Bentley Law Firm unless absolutely necessary. We will be > available by email, Skype or telephone as usual.* > > > > *We appreciate your understanding and cooperation and apologize for any > inconvenience.* > > > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate > Leasing Committee > *Sent:* Thursday, February 25, 2021 3:10 PM > *To:* landten@lists.flabarrpptl.org > *Subject:* Re: [RPPTL Leasing Committee] Eviction Question > > > > Thank you so much Amanda! The Tenant did default because he reached out > directly to the landlord believing that this would resolve the issue and > the case would be dismissed. > > > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate > Leasing Committee > *Sent:* Thursday, February 25, 2021 2:59 PM > *To:* landten@lists.flabarrpptl.org > *Subject:* Re: [RPPTL Leasing Committee] Eviction Question > > > > Hi Brenda! > > > > If I understand the fact pattern correctly, its not an issue of mootness > given that the lease has now expired, but that the eviction was resolved as > a result of the agreement to offset (the security deposit?) to the amount > owed for the last two months of rent. If they did in fact reach an > agreement the Oct/Nov rent, I would argue the Landlord is estopped from > seeking a final judgment of eviction as a result of the settlement and > Tenant’s relinquishment of possession. > > > > A few other points of concern: is the Tenant defaulted? Normally, if there > is no personal service, there can be no judgment for damages or fees as to > the tenant, only a judgment for possession. Even if the Tenant is > defaulted, he/she would still have the right to contest the amount of > damages, which includes the attorneys’ fees requested. > > > > Amanda R. Kison, Esq. > > Board Certified Business Litigation > > Bentley Law Firm P.A. > > 783 South Orange Ave., 3rd Floor > > Sarasota, FL 34236 > > (941) 556-9030 (Main) > > www.thebentleylawfirm.com > > > > *Please note that* *Bentley Law Firm is taking precautionary measures to > safeguard its personnel, clients, and guests due to concerns regarding > COVID-19. As with Firm personnel, we are asking our guests to refrain from > visiting Bentley Law Firm unless absolutely necessary. We will be > available by email, Skype or telephone as usual.* > > > > *We appreciate your understanding and cooperation and apologize for any > inconvenience.* > > > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate > Leasing Committee > *Sent:* Thursday, February 25, 2021 2:25 PM > *To:* RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> > *Subject:* [RPPTL Leasing Committee] Eviction Question > > > > Hi everyone. I have an eviction question (and for those of you who know > me, no I am not the litigator here 😊). Here are the relevant facts: > > > > Lease ends November 30th. > > T fails to pay rent for October and November > > L files an eviction complaint in November (fails to personally serve T who > is still on the property but later posts on the door) > > T contacts L and advises that he will be moving at the end of November and > L can offset the two month’s past due rent leaving T with a balance of less > than $50 > > T moves out and T & L inspect the property at the end of the lease. > > L relets the premises > > L sends notice of claim to withhold SD and notice of balance of <$50 > > Now T’s attorney has filed a motion for final judgment of eviction and > attorney’s fees. > > > > My question is whether the eviction action is moot since the lease has > expired. I believe it should be dismissed since there is no longer a LL/T > relationship between the parties. > > > > Side note: the fee request is fairly significant and seems out of line > with what the efforts should have been. Should there even be a final > judgment of eviction to base the fees on? > > > > Does anyone have any advice for how the T’s attorney should respond to > this motion for final judgment? I think it should be motion to dismiss > because the issue is moot. > > > > Thanks for your thoughts. > > > > Brenda > > > > > > Best regards, > > > > Brenda B. Ezell, B.C.S. > > > > [image: BCS] > > > > 3560 Cardinal Point Drive, Suite 202 > > Jacksonville, FL 32257 > > 904.432.3200 (o) > > 904-432-3201 (f) > > www.ezellfirmpa.com > > > > [image: Secure Insight Registered Closing Agent Seal] > > > > *PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE > COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND > OUR SAFETY. WE APPRECIATE YOUR COOPERATION**.* > > > > > > *WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate > agents, title companies, settlement attorneys and others, resulting in > fraudulent wire instructions being used to divert funds to the account of > the criminal. The emails look legitimate but they are not. You are advised > not to wire any funds without personally speaking with the intended > recipient to confirm the routing number and the account number. You should > not send personal information such as social security numbers, bank account > numbers and credit card numbers except through secured email or personal > delivery to the intended recipient. Please proceed with caution. Ezell > Law Firm, P.A. is not responsible for any wires sent by you to an incorrect > bank account.* > > > > *CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are > confidential and may contain information which is legally privileged or > otherwise exempt from disclosure. They are intended solely for the use of > the individual or entity to whom this e-mail is addressed. If you are not > one of the named recipients or otherwise have reason to believe that you > have received this message in error, please immediately notify the sender > and delete this message immediately from your computer. Any other use, > retention, dissemination, forwarding, printing, or copying of this e-mail > is strictly prohibited.* > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

RR

RPPTL Real Estate Leasing Committee

Thu, Feb 25, 2021 11:33 PM

Because the Landlord is accepting rent, so to speak, following the filing of the eviction.

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm, P.A.
783 South Orange Ave.
3rd Floor
Sarasota, FL 34236
(941) 556-9030
www.thebentleylawfirm.com

On Feb 25, 2021, at 5:40 PM, RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org wrote:

“T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50”

How is this construed as “an agreement”?

How many times did you hear a tenant say: “Use my security deposit for my rent owed”? Is that an agreement?

Harry

UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSIONhttps://evict.com/cdcresourcesmarch
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
<image001.png>

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 3:54 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

In light of that, I would encourage the Tenant to file a Motion to Vacate the Default (likely as to the damages count only) and defend on the basis that the claim was resolved by settlement.

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 3:10 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:59 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Hi Brenda!

If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession.

A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested.

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:25 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Eviction Question

Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts:

Lease ends November 30th.
T fails to pay rent for October and November
L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door)
T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50
T moves out and T & L inspect the property at the end of the lease.
L relets the premises
L sends notice of claim to withhold SD and notice of balance of <$50
Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees.

My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties.

Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot.

Thanks for your thoughts.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

<image006.jpg>

<image007.png>
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
www.ezellfirmpa.com http://www.ezellfirmpa.com/

<image008.jpg>

PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION.

WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account.

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

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http://mailman.fsr.com/mailman/listinfo/landten

Because the Landlord is accepting rent, so to speak, following the filing of the eviction. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm, P.A. 783 South Orange Ave. 3rd Floor Sarasota, FL 34236 (941) 556-9030 www.thebentleylawfirm.com On Feb 25, 2021, at 5:40 PM, RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> wrote: “T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50” How is this construed as “an agreement”? How many times did you hear a tenant say: “Use my security deposit for my rent owed”? Is that an agreement? Harry UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSION<https://evict.com/cdcresourcesmarch> LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> <image001.png> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 3:54 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL Leasing Committee] Eviction Question In light of that, I would encourage the Tenant to file a Motion to Vacate the Default (likely as to the damages count only) and defend on the basis that the claim was resolved by settlement. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 3:10 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: Re: [RPPTL Leasing Committee] Eviction Question Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:59 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: Re: [RPPTL Leasing Committee] Eviction Question Hi Brenda! If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession. A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:25 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: [RPPTL Leasing Committee] Eviction Question Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts: Lease ends November 30th. T fails to pay rent for October and November L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door) T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50 T moves out and T & L inspect the property at the end of the lease. L relets the premises L sends notice of claim to withhold SD and notice of balance of <$50 Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees. My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties. Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on? Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot. Thanks for your thoughts. Brenda Best regards, Brenda B. Ezell, B.C.S. <image006.jpg> <image007.png> 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) www.ezellfirmpa.com<http://www.ezellfirmpa.com/> <image008.jpg> PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION. WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account. CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

RR

RPPTL Real Estate Leasing Committee

Fri, Feb 26, 2021 2:21 PM

In the looming attorney fee battle, it should not be lost on the Court that the landlord obtained what was sought when the eviction action was filed: possession.

David Weisse

LAW OFFICES OF
HEIST, WEISSE & WOLK, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: david@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 6:16 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL Leasing Committee] Eviction Question

I agree with Amanda, no judgment for damages, including attorney fees and costs without personal service see 83.625 below. Also feel a motion to dismiss is appropriate as the case is moot once the tenant vacated.

83.625 Power to award possession and enter money judgment.—In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent, if the court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to possession of the premises, the court, in addition to awarding possession of the premises to the landlord, shall direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment with costs in favor of the landlord and against the tenant for the amount of money found due, owing, and unpaid by the tenant to the landlord. However, no money judgment shall be entered unless service of process has been effected by personal service or, where authorized by law, by certified or registered mail, return receipt, or in any other manner prescribed by law or the rules of the court; and no money judgment may be entered except in compliance with the Florida Rules of Civil Procedure. The prevailing party in the action may also be awarded attorney’s fees and costs.

Alberto M. Cardet, Esq.

Cardet Law, P.A.

PO Box 830746

Miami FL 33283

305-403-7783

On Thu, Feb 25, 2021 at 5:52 PM RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org wrote:

“T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50”

How is this construed as “an agreement”?

How many times did you hear a tenant say: “Use my security deposit for my rent owed”? Is that an agreement?

Harry

UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSION https://evict.com/cdcresourcesmarch

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 3:54 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

In light of that, I would encourage the Tenant to file a Motion to Vacate the Default (likely as to the damages count only) and defend on the basis that the claim was resolved by settlement.

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 3:10 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:59 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Hi Brenda!

If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession.

A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested.

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:25 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Eviction Question

Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts:

Lease ends November 30th.

T fails to pay rent for October and November

L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door)

T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50

T moves out and T & L inspect the property at the end of the lease.

L relets the premises

L sends notice of claim to withhold SD and notice of balance of <$50

Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees.

My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties.

Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot.

Thanks for your thoughts.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

BCS

3560 Cardinal Point Drive, Suite 202

Jacksonville, FL 32257

904.432.3200 (o)

904-432-3201 (f)

http://www.ezellfirmpa.com/ www.ezellfirmpa.com

Secure Insight Registered Closing Agent Seal

PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION.

WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account.

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In the looming attorney fee battle, it should not be lost on the Court that the landlord obtained what was sought when the eviction action was filed: possession. David Weisse LAW OFFICES OF HEIST, WEISSE & WOLK, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: david@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 6:16 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL Leasing Committee] Eviction Question I agree with Amanda, no judgment for damages, including attorney fees and costs without personal service see 83.625 below. Also feel a motion to dismiss is appropriate as the case is moot once the tenant vacated. 83.625 Power to award possession and enter money judgment.—In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent, if the court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to possession of the premises, the court, in addition to awarding possession of the premises to the landlord, shall direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment with costs in favor of the landlord and against the tenant for the amount of money found due, owing, and unpaid by the tenant to the landlord. However, no money judgment shall be entered unless service of process has been effected by personal service or, where authorized by law, by certified or registered mail, return receipt, or in any other manner prescribed by law or the rules of the court; and no money judgment may be entered except in compliance with the Florida Rules of Civil Procedure. The prevailing party in the action may also be awarded attorney’s fees and costs. Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Thu, Feb 25, 2021 at 5:52 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> wrote: “T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50” How is this construed as “an agreement”? How many times did you hear a tenant say: “Use my security deposit for my rent owed”? Is that an agreement? Harry UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSION <https://evict.com/cdcresourcesmarch> LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 3:54 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL Leasing Committee] Eviction Question In light of that, I would encourage the Tenant to file a Motion to Vacate the Default (likely as to the damages count only) and defend on the basis that the claim was resolved by settlement. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com <http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 3:10 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL Leasing Committee] Eviction Question Thank you so much Amanda! The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:59 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL Leasing Committee] Eviction Question Hi Brenda! If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession. A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com <http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, February 25, 2021 2:25 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: [RPPTL Leasing Committee] Eviction Question Hi everyone. I have an eviction question (and for those of you who know me, no I am not the litigator here 😊). Here are the relevant facts: Lease ends November 30th. T fails to pay rent for October and November L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door) T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50 T moves out and T & L inspect the property at the end of the lease. L relets the premises L sends notice of claim to withhold SD and notice of balance of <$50 Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees. My question is whether the eviction action is moot since the lease has expired. I believe it should be dismissed since there is no longer a LL/T relationship between the parties. Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on? Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot. Thanks for your thoughts. Brenda Best regards, Brenda B. Ezell, B.C.S. BCS 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) <http://www.ezellfirmpa.com/> www.ezellfirmpa.com Secure Insight Registered Closing Agent Seal PANDEMIC ALERT: All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION. WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient. Please proceed with caution. Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account. CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten