RR
RPPTL Real Estate Leasing Committee
Sun, Sep 26, 2021 5:35 PM
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
RR
RPPTL Real Estate Leasing Committee
Sun, Sep 26, 2021 6:18 PM
On page 3, 5. a. provides as follows:
"5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications:
a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;"
It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies.
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.netmailto:jtaplin@taplinlaw.net
This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.commailto:cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
On page 3, 5. a. provides as follows:
"5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications:
a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;"
It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies.
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.net<mailto:jtaplin@taplinlaw.net>
This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you.
From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com<mailto:cas@saj-law.com>
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
RR
RPPTL Real Estate Leasing Committee
Sun, Sep 26, 2021 6:49 PM
I agree that commercial evictions should not be included.
Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it's a false equivalent to equate evictions to foreclosures.
Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren't responding to an actual crisis, this seems like a solution in search of a problem.
[Logo Description automatically generated]
[Text Description automatically generated with low confidence]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
Main: (941) 556-9030
Fax: (941) 312-5316
akison@bgk.lawmailto:akison@bgk.law
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
www.bgk.lawhttp://www.bgk.law/
[Title: Facebook - Description: Facebook icon]http://www.facebook.com/bgk.law
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 2:18 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
On page 3, 5. a. provides as follows:
"5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications:
a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;"
It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies.
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.netmailto:jtaplin@taplinlaw.net
This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.commailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.commailto:mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.commailto:cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
I agree that commercial evictions should not be included.
Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it's a false equivalent to equate evictions to foreclosures.
Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren't responding to an actual crisis, this seems like a solution in search of a problem.
[Logo Description automatically generated]
[Text Description automatically generated with low confidence]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
Main: (941) 556-9030
Fax: (941) 312-5316
akison@bgk.law<mailto:akison@bgk.law>
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
www.bgk.law<http://www.bgk.law/>
[Title: Facebook - Description: Facebook icon]<http://www.facebook.com/bgk.law>
From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 2:18 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
On page 3, 5. a. provides as follows:
"5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications:
a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;"
It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies.
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.net<mailto:jtaplin@taplinlaw.net>
This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you.
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: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com<mailto:cas@saj-law.com>
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
RR
RPPTL Real Estate Leasing Committee
Sun, Sep 26, 2021 7:04 PM
Totally opposed to mandatory mediation for residential tenancies. Unlike
foreclosures, the tenants have no equity in the property that they are
going to lose because something happened and rarely have legit defenses-
and when they do have legit defenses they get mediation under the current
system. There is no security for the landlord that is protected during the
delay time- (i.e. the equity). Every day of delay when Tenant is not paying
is pure loss to the landlord that they did not contemplate when executing
the lease. The leases executed to date were based upon a contract entered
into based upon a statute that said if the tenant did not pay they could
send a three day letter and then if the money is not put into the court
registry a writ issues pretty damn fast. If the landlord expects a
protracted eviction with mediation, they need a much much larger security
deposit. And, mediate what? The landlord being pushed to just take less for
what consideration?
I understand the sympathy for tenants, but this is an undue interference
with contractual rights that were based upon current statutes and
retroactively interfering with them is unfair.
Off soapbox now.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
Please review and comment on the attached, along with practical issues.
Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g
Boca Raton, Florida 33432
https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g
https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g
Ft. Lauderdale, FL 33309
https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the
addressee(s) named herein and may contain legally privileged and/or
confidential information. If you are not the intended recipient of this
e-mail, you are hereby notified that any dissemination, distribution or
copying of this e-mail and any attachments thereto, is strictly prohibited
and you must delete it without reading it.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Totally opposed to mandatory mediation for residential tenancies. Unlike
foreclosures, the tenants have no equity in the property that they are
going to lose because something happened and rarely have legit defenses-
and when they do have legit defenses they get mediation under the current
system. There is no security for the landlord that is protected during the
delay time- (i.e. the equity). Every day of delay when Tenant is not paying
is pure loss to the landlord that they did not contemplate when executing
the lease. The leases executed to date were based upon a contract entered
into based upon a statute that said if the tenant did not pay they could
send a three day letter and then if the money is not put into the court
registry a writ issues pretty damn fast. If the landlord expects a
protracted eviction with mediation, they need a much much larger security
deposit. And, mediate what? The landlord being pushed to just take less for
what consideration?
I understand the sympathy for tenants, but this is an undue interference
with contractual rights that were based upon current statutes and
retroactively interfering with them is unfair.
Off soapbox now.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
> Please review and comment on the attached, along with practical issues.
> Please respond by 9am tomorrow.
>
>
>
> *Christopher A. Sajdera, Esquire*
>
> <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
>
> Board Certified Specialist, Condominium and Planned Development Law
>
>
>
> Sajdera, PA
>
>
>
> *Palm Beach Office*:
>
> 200 East Palmetto Park Road, Suite 103
> <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
>
> Boca Raton, Florida 33432
> <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
>
> <https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g>
>
> Direct: 561-910-3082
>
> Phone: 561-948-4000
>
> Facsimile: 561-948-6052
>
>
>
> *Broward Office*:
>
> 2005 W. Cypress Creek Rd., Suite 203
> <https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g>
>
> Ft. Lauderdale, FL 33309
> <https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g>
>
> Phone: 954-869-0980
>
> Facsimile: 954-869-0981
>
>
>
> Email: cas@saj-law.com
>
>
>
> This e-mail, and any attachments thereto, are intended only for use by the
> addressee(s) named herein and may contain legally privileged and/or
> confidential information. If you are not the intended recipient of this
> e-mail, you are hereby notified that any dissemination, distribution or
> copying of this e-mail and any attachments thereto, is strictly prohibited
> and you must delete it without reading it.
>
>
>
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
--
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.com
deborah@deborahmarks.law
synergy928@aol.com
RR
RPPTL Real Estate Leasing Committee
Sun, Sep 26, 2021 8:25 PM
I completely agree with Deborah.
Gioia DeCarlo, Esq.
Escobar & DeCarlo, LLC
1341 SW 1st St.
Miami, FL 33135
T. 305-324-9823
F. 305-677-9295
A portion of this firm’s practice includes the collections of debts. If we are attempting to collect a debt we believe you owe, you are advised that any and all information you provide to us will be used in an effort to collect such debt.
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@edclawl.com, or by telephone at (305) 324-9823 and then delete the message and its attachments from your computer. Thank you.
From: landten-bounces@lists.flabarrpptl.org on behalf of RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org
Reply-To: landten@lists.flabarrpptl.org
Date: Sunday, September 26, 2021 at 3:05 PM
To: landten@lists.flabarrpptl.org
Cc: "Christopher A. Sajdera" cas@saj-law.com, "Michael J. Gelfand" mjgelfand@gelfandarpe.com
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
Totally opposed to mandatory mediation for residential tenancies. Unlike foreclosures, the tenants have no equity in the property that they are going to lose because something happened and rarely have legit defenses- and when they do have legit defenses they get mediation under the current system. There is no security for the landlord that is protected during the delay time- (i.e. the equity). Every day of delay when Tenant is not paying is pure loss to the landlord that they did not contemplate when executing the lease. The leases executed to date were based upon a contract entered into based upon a statute that said if the tenant did not pay they could send a three day letter and then if the money is not put into the court registry a writ issues pretty damn fast. If the landlord expects a protracted eviction with mediation, they need a much much larger security deposit. And, mediate what? The landlord being pushed to just take less for what consideration?
I understand the sympathy for tenants, but this is an undue interference with contractual rights that were based upon current statutes and retroactively interfering with them is unfair.
Off soapbox now.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org wrote:
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
--
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.com
deborah@deborahmarks.law
synergy928@aol.com
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
I completely agree with Deborah.
Gioia DeCarlo, Esq.
Escobar & DeCarlo, LLC
1341 SW 1st St.
Miami, FL 33135
T. 305-324-9823
F. 305-677-9295
A portion of this firm’s practice includes the collections of debts. If we are attempting to collect a debt we believe you owe, you are advised that any and all information you provide to us will be used in an effort to collect such debt.
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@edclawl.com, or by telephone at (305) 324-9823 and then delete the message and its attachments from your computer. Thank you.
From: <landten-bounces@lists.flabarrpptl.org> on behalf of RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org>
Reply-To: <landten@lists.flabarrpptl.org>
Date: Sunday, September 26, 2021 at 3:05 PM
To: <landten@lists.flabarrpptl.org>
Cc: "Christopher A. Sajdera" <cas@saj-law.com>, "Michael J. Gelfand" <mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
Totally opposed to mandatory mediation for residential tenancies. Unlike foreclosures, the tenants have no equity in the property that they are going to lose because something happened and rarely have legit defenses- and when they do have legit defenses they get mediation under the current system. There is no security for the landlord that is protected during the delay time- (i.e. the equity). Every day of delay when Tenant is not paying is pure loss to the landlord that they did not contemplate when executing the lease. The leases executed to date were based upon a contract entered into based upon a statute that said if the tenant did not pay they could send a three day letter and then if the money is not put into the court registry a writ issues pretty damn fast. If the landlord expects a protracted eviction with mediation, they need a much much larger security deposit. And, mediate what? The landlord being pushed to just take less for what consideration?
I understand the sympathy for tenants, but this is an undue interference with contractual rights that were based upon current statutes and retroactively interfering with them is unfair.
Off soapbox now.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> wrote:
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
--
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.com
deborah@deborahmarks.law
synergy928@aol.com
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
RR
RPPTL Real Estate Leasing Committee
Sun, Sep 26, 2021 10:53 PM
Start adding a provision in ALL CAPS AND BOLD to all of a client's future leases stating:
WAIVER OF MEDIATION. The parties hereby KNOWINGLY AND VOLUTARILY WAIVE MEDIATION IN ANY ACTION or proceeding brought to enforce the terms of thIS LEASE, INCLUDING. BUT NOT LIMITED TO, ACTIONS BASED ON NON-PAYMENT OF RENT.
??????
Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.commailto:cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
Start adding a provision in ALL CAPS AND BOLD to all of a client's future leases stating:
WAIVER OF MEDIATION. The parties hereby KNOWINGLY AND VOLUTARILY WAIVE MEDIATION IN ANY ACTION or proceeding brought to enforce the terms of thIS LEASE, INCLUDING. BUT NOT LIMITED TO, ACTIONS BASED ON NON-PAYMENT OF RENT.
??????
Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com<mailto:cas@saj-law.com>
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
RR
RPPTL Real Estate Leasing Committee
Sun, Sep 26, 2021 10:57 PM
By the way, I agree with Deborah as well, as most of my landlords just own at most a handful of properties and usually with mortgages.
Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 4:26 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
I completely agree with Deborah.
Gioia DeCarlo, Esq.
Escobar & DeCarlo, LLC
1341 SW 1st St.
Miami, FL 33135
T. 305-324-9823
F. 305-677-9295
A portion of this firm’s practice includes the collections of debts. If we are attempting to collect a debt we believe you owe, you are advised that any and all information you provide to us will be used in an effort to collect such debt.
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@edclawl.commailto:Info@dvllclegal.com, or by telephone at (305) 324-9823 and then delete the message and its attachments from your computer. Thank you.
From: <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Reply-To: <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Sunday, September 26, 2021 at 3:05 PM
To: <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Cc: "Christopher A. Sajdera" <cas@saj-law.commailto:cas@saj-law.com>, "Michael J. Gelfand" <mjgelfand@gelfandarpe.commailto:mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
Totally opposed to mandatory mediation for residential tenancies. Unlike foreclosures, the tenants have no equity in the property that they are going to lose because something happened and rarely have legit defenses- and when they do have legit defenses they get mediation under the current system. There is no security for the landlord that is protected during the delay time- (i.e. the equity). Every day of delay when Tenant is not paying is pure loss to the landlord that they did not contemplate when executing the lease. The leases executed to date were based upon a contract entered into based upon a statute that said if the tenant did not pay they could send a three day letter and then if the money is not put into the court registry a writ issues pretty damn fast. If the landlord expects a protracted eviction with mediation, they need a much much larger security deposit. And, mediate what? The landlord being pushed to just take less for what consideration?
I understand the sympathy for tenants, but this is an undue interference with contractual rights that were based upon current statutes and retroactively interfering with them is unfair.
Off soapbox now.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org> wrote:
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g
Boca Raton, Florida 33432https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g
Ft. Lauderdale, FL 33309https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.commailto:cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.commailto:deborahmarkslaw@gmail.com
deborah@deborahmarks.lawmailto:deborah@deborahmarks.law
synergy928@aol.commailto:synergy928@aol.com
_______________________________________________ landten mailing list landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
By the way, I agree with Deborah as well, as most of my landlords just own at most a handful of properties and usually with mortgages.
Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 4:26 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
I completely agree with Deborah.
Gioia DeCarlo, Esq.
Escobar & DeCarlo, LLC
1341 SW 1st St.
Miami, FL 33135
T. 305-324-9823
F. 305-677-9295
A portion of this firm’s practice includes the collections of debts. If we are attempting to collect a debt we believe you owe, you are advised that any and all information you provide to us will be used in an effort to collect such debt.
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@edclawl.com<mailto:Info@dvllclegal.com>, or by telephone at (305) 324-9823 and then delete the message and its attachments from your computer. Thank you.
From: <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Reply-To: <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Date: Sunday, September 26, 2021 at 3:05 PM
To: <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Cc: "Christopher A. Sajdera" <cas@saj-law.com<mailto:cas@saj-law.com>>, "Michael J. Gelfand" <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
Totally opposed to mandatory mediation for residential tenancies. Unlike foreclosures, the tenants have no equity in the property that they are going to lose because something happened and rarely have legit defenses- and when they do have legit defenses they get mediation under the current system. There is no security for the landlord that is protected during the delay time- (i.e. the equity). Every day of delay when Tenant is not paying is pure loss to the landlord that they did not contemplate when executing the lease. The leases executed to date were based upon a contract entered into based upon a statute that said if the tenant did not pay they could send a three day letter and then if the money is not put into the court registry a writ issues pretty damn fast. If the landlord expects a protracted eviction with mediation, they need a much much larger security deposit. And, mediate what? The landlord being pushed to just take less for what consideration?
I understand the sympathy for tenants, but this is an undue interference with contractual rights that were based upon current statutes and retroactively interfering with them is unfair.
Off soapbox now.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote:
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103<https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
Boca Raton, Florida 33432<https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203<https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g>
Ft. Lauderdale, FL 33309<https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g>
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com<mailto:cas@saj-law.com>
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
--
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.com<mailto:deborahmarkslaw@gmail.com>
deborah@deborahmarks.law<mailto:deborah@deborahmarks.law>
synergy928@aol.com<mailto:synergy928@aol.com>
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten
RR
RPPTL Real Estate Leasing Committee
Sun, Sep 26, 2021 11:06 PM
I completely agree with the reasoning of Deborah Marks to reject this idea of mediation for all leases. I feel it is bad policy from both a legal perspective for landlords, and for the leasing market. To me this just opens the door to encourage dishonest tenants to not pay the rent or play games and force the landlord's hand to spend money and lose time and rent for a mediation, rather than just filing an action for a quicker writ of possession. We need to encourage tenants to be good tenants, lease properties within their financial means, and perform under their leases. Under the current proposal, it appears successful landlords in the mediation can't even recover mediation fees. Please keep in mind that the lease scenario is also different from most foreclosures because the foreclosing landlord will many times be individuals, and not well financed banks. Many residential landlords will not have the funds to regularly battle game-playing tenants in mediations like a foreclosing bank would or like a large apartment complex owner would. I agree with Deborah that this policy will force many landlords to increase the deposit amounts or require a larger payment of the rent up front to prepare for this risk of protracted mediation. Then, that most likely hurts leasing market because a lot of tenants don't have the money to pay an entire year or even 6 months of rent up front, even if they have solid jobs: otherwise they would be homeowners. If a tenant doesn't pay rent or leave at the end of the lease term, the tenant needs to be evicted as soon as possible and as cost-effective to the landlord. If the landlord is the one acting badly, the tenants have rights under Chapter 83 and can collect attorney's fees if the prevailing party.
Sincerely,
Ben Wilson
Benjamin E. Wilson. Esq.
The Viera Company
7380 Murrell Road
Suite 201
Viera, FL 32940
Phone: (321) 242-1200
Email: Benjamin.Wilson@duda.commailto:Benjamin.Wilson@duda.com
Sent from my iPhone
On Sep 26, 2021, at 4:29 PM, RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org> wrote:
External Email!
Use caution when following links as they could open malicious web sites or include attachment files that can contain a virus.
I completely agree with Deborah.
Gioia DeCarlo, Esq.
Escobar & DeCarlo, LLC
1341 SW 1st St.
Miami, FL 33135
T. 305-324-9823
F. 305-677-9295
A portion of this firm’s practice includes the collections of debts. If we are attempting to collect a debt we believe you owe, you are advised that any and all information you provide to us will be used in an effort to collect such debt.
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@edclawl.commailto:Info@dvllclegal.com, or by telephone at (305) 324-9823 and then delete the message and its attachments from your computer. Thank you.
From: <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Reply-To: <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Sunday, September 26, 2021 at 3:05 PM
To: <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Cc: "Christopher A. Sajdera" <cas@saj-law.commailto:cas@saj-law.com>, "Michael J. Gelfand" <mjgelfand@gelfandarpe.commailto:mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
Totally opposed to mandatory mediation for residential tenancies. Unlike foreclosures, the tenants have no equity in the property that they are going to lose because something happened and rarely have legit defenses- and when they do have legit defenses they get mediation under the current system. There is no security for the landlord that is protected during the delay time- (i.e. the equity). Every day of delay when Tenant is not paying is pure loss to the landlord that they did not contemplate when executing the lease. The leases executed to date were based upon a contract entered into based upon a statute that said if the tenant did not pay they could send a three day letter and then if the money is not put into the court registry a writ issues pretty damn fast. If the landlord expects a protracted eviction with mediation, they need a much much larger security deposit. And, mediate what? The landlord being pushed to just take less for what consideration?
I understand the sympathy for tenants, but this is an undue interference with contractual rights that were based upon current statutes and retroactively interfering with them is unfair.
Off soapbox now.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org> wrote:
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g
Boca Raton, Florida 33432https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g
Ft. Lauderdale, FL 33309https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.commailto:cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.commailto:deborahmarkslaw@gmail.com
deborah@deborahmarks.lawmailto:deborah@deborahmarks.law
synergy928@aol.commailto:synergy928@aol.com
_______________________________________________ landten mailing list landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I completely agree with the reasoning of Deborah Marks to reject this idea of mediation for all leases. I feel it is bad policy from both a legal perspective for landlords, and for the leasing market. To me this just opens the door to encourage dishonest tenants to not pay the rent or play games and force the landlord's hand to spend money and lose time and rent for a mediation, rather than just filing an action for a quicker writ of possession. We need to encourage tenants to be good tenants, lease properties within their financial means, and perform under their leases. Under the current proposal, it appears successful landlords in the mediation can't even recover mediation fees. Please keep in mind that the lease scenario is also different from most foreclosures because the foreclosing landlord will many times be individuals, and not well financed banks. Many residential landlords will not have the funds to regularly battle game-playing tenants in mediations like a foreclosing bank would or like a large apartment complex owner would. I agree with Deborah that this policy will force many landlords to increase the deposit amounts or require a larger payment of the rent up front to prepare for this risk of protracted mediation. Then, that most likely hurts leasing market because a lot of tenants don't have the money to pay an entire year or even 6 months of rent up front, even if they have solid jobs: otherwise they would be homeowners. If a tenant doesn't pay rent or leave at the end of the lease term, the tenant needs to be evicted as soon as possible and as cost-effective to the landlord. If the landlord is the one acting badly, the tenants have rights under Chapter 83 and can collect attorney's fees if the prevailing party.
Sincerely,
Ben Wilson
Benjamin E. Wilson. Esq.
The Viera Company
7380 Murrell Road
Suite 201
Viera, FL 32940
Phone: (321) 242-1200
Email: Benjamin.Wilson@duda.com<mailto:Benjamin.Wilson@duda.com>
Sent from my iPhone
On Sep 26, 2021, at 4:29 PM, RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote:
External Email!
Use caution when following links as they could open malicious web sites or include attachment files that can contain a virus.
________________________________
I completely agree with Deborah.
Gioia DeCarlo, Esq.
Escobar & DeCarlo, LLC
1341 SW 1st St.
Miami, FL 33135
T. 305-324-9823
F. 305-677-9295
A portion of this firm’s practice includes the collections of debts. If we are attempting to collect a debt we believe you owe, you are advised that any and all information you provide to us will be used in an effort to collect such debt.
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@edclawl.com<mailto:Info@dvllclegal.com>, or by telephone at (305) 324-9823 and then delete the message and its attachments from your computer. Thank you.
From: <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Reply-To: <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Date: Sunday, September 26, 2021 at 3:05 PM
To: <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Cc: "Christopher A. Sajdera" <cas@saj-law.com<mailto:cas@saj-law.com>>, "Michael J. Gelfand" <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
Totally opposed to mandatory mediation for residential tenancies. Unlike foreclosures, the tenants have no equity in the property that they are going to lose because something happened and rarely have legit defenses- and when they do have legit defenses they get mediation under the current system. There is no security for the landlord that is protected during the delay time- (i.e. the equity). Every day of delay when Tenant is not paying is pure loss to the landlord that they did not contemplate when executing the lease. The leases executed to date were based upon a contract entered into based upon a statute that said if the tenant did not pay they could send a three day letter and then if the money is not put into the court registry a writ issues pretty damn fast. If the landlord expects a protracted eviction with mediation, they need a much much larger security deposit. And, mediate what? The landlord being pushed to just take less for what consideration?
I understand the sympathy for tenants, but this is an undue interference with contractual rights that were based upon current statutes and retroactively interfering with them is unfair.
Off soapbox now.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote:
Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103<https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
Boca Raton, Florida 33432<https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203<https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g>
Ft. Lauderdale, FL 33309<https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g>
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com<mailto:cas@saj-law.com>
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
--
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.com<mailto:deborahmarkslaw@gmail.com>
deborah@deborahmarks.law<mailto:deborah@deborahmarks.law>
synergy928@aol.com<mailto:synergy928@aol.com>
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
RR
RPPTL Real Estate Leasing Committee
Mon, Sep 27, 2021 1:46 AM
I agree with Amanda. She hit the nail right on the head. I believe
mediation will cause more problems for landlords than it would solve and
give tenants who are inclined, another arrow in their quiver to live rent
free. As written this proposal doesn't clearly define the problem it is
trying to solve. Arlene
On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
I agree that commercial evictions should not be included.
Practically, I think this is unnecessary and further burdens the
mom-and-pop landlords who financially cannot afford to maintain a tenant
who is not paying rent. I also think it’s a false equivalent to equate
evictions to foreclosures.
Is it really the general consensus that we are going to see a major influx
of residential evictions? If we aren’t responding to an actual crisis, this
seems like a solution in search of a problem.
[image: Logo Description automatically generated]
[image: Text Description automatically generated with low confidence]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
Main: (941) 556-9030
Fax: (941) 312-5316
akison@bgk.law akison@bgk.law
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
www.bgk.law http://www.bgk.law/
[image: Title: Facebook - Description: Facebook icon]
http://www.facebook.com/bgk.law
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Sunday, September 26, 2021 2:18 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand <
mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
On page 3, 5. a. provides as follows:
“5. If implemented, considering whether narrowing mediation
availability would be appropriate based on one or more of the following
qualifications:
a. Residential tenancies, without precluding use in commercial
tenancies, the procedures of which are adapted to balance the interests of
the parties;”
It does not appear reasonable that commercial tenancies in Florida be
subject to Statewide Managed Mediation Program, for among other reasons, I
believe that the eviction ban in Florida did not apply to commercial
tenancies.
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.net
This email is intended solely for the use of the individual to whom it is
addressed and may contain information that is privileged, confidential or
otherwise exempt from dislosure under applicable law. If the reader of
this email is not the intended recipient or the employee or agent
responsible for delivering the message to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error, please immediately notify us by telephone and
return the original message to us at the listed email address. Thank you.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand <
mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow
Please review and comment on the attached, along with practical issues.
Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by the
addressee(s) named herein and may contain legally privileged and/or
confidential information. If you are not the intended recipient of this
e-mail, you are hereby notified that any dissemination, distribution or
copying of this e-mail and any attachments thereto, is strictly prohibited
and you must delete it without reading it.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I agree with Amanda. She hit the nail right on the head. I believe
mediation will cause more problems for landlords than it would solve and
give tenants who are inclined, another arrow in their quiver to live rent
free. As written this proposal doesn't clearly define the problem it is
trying to solve. Arlene
On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
> I agree that commercial evictions should not be included.
>
>
>
> Practically, I think this is unnecessary and further burdens the
> mom-and-pop landlords who financially cannot afford to maintain a tenant
> who is not paying rent. I also think it’s a false equivalent to equate
> evictions to foreclosures.
>
>
>
> Is it really the general consensus that we are going to see a major influx
> of residential evictions? If we aren’t responding to an actual crisis, this
> seems like a solution in search of a problem.
>
>
>
>
>
> [image: Logo Description automatically generated]
>
>
>
> [image: Text Description automatically generated with low confidence]
>
> *Amanda R. Kison, Esq.*
>
> Board Certified Business Litigation
>
> Bentley Goodrich Kison, P.A.
>
> Main: (941) 556-9030
>
> Fax: (941) 312-5316
>
> *akison@bgk.law <akison@bgk.law>*
>
> 783 South Orange Ave.
>
> Third Floor
>
> Sarasota, Florida 34236
>
> *www.bgk.law <http://www.bgk.law/>*
>
>
>
> [image: Title: Facebook - Description: Facebook icon]
> <http://www.facebook.com/bgk.law>
>
>
>
>
>
> *From:* landten-bounces@lists.flabarrpptl.org <
> landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
> Leasing Committee
> *Sent:* Sunday, September 26, 2021 2:18 PM
> *To:* landten@lists.flabarrpptl.org
> *Cc:* Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <
> mjgelfand@gelfandarpe.com>
> *Subject:* Re: [RPPTL Leasing Committee] comments by 9am tomorrow
>
>
>
> On page 3, 5. a. provides as follows:
>
>
>
> “5. If implemented, considering whether narrowing mediation
> availability would be appropriate based on one or more of the following
> qualifications:
>
> a. Residential tenancies, without precluding use in commercial
> tenancies, the procedures of which are adapted to balance the interests of
> the parties;”
>
>
>
> It does not appear reasonable that commercial tenancies in Florida be
> subject to Statewide Managed Mediation Program, for among other reasons, I
> believe that the eviction ban in Florida did not apply to commercial
> tenancies.
>
>
>
> Jay A. Taplin
>
> Florida Bar Board Certified Real Estate Law
> Taplin & Associates
> Suite 1510
> 1555 Palm Beach Lakes Boulevard
> West Palm Beach, Florida 33401
> (561) 684-8399 (ph)
> (561) 471-8055 (fax)
> jtaplin@taplinlaw.net
>
> This email is intended solely for the use of the individual to whom it is
> addressed and may contain information that is privileged, confidential or
> otherwise exempt from dislosure under applicable law. If the reader of
> this email is not the intended recipient or the employee or agent
> responsible for delivering the message to the intended recipient, you are
> hereby notified that any dissemination, distribution or copying of this
> communication is strictly prohibited. If you have received this
> communication in error, please immediately notify us by telephone and
> return the original message to us at the listed email address. Thank you.
>
>
>
>
> *From:* landten-bounces@lists.flabarrpptl.org <
> landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
> Leasing Committee
> *Sent:* Sunday, September 26, 2021 1:36 PM
> *To:* landten@lists.flabarrpptl.org
> *Cc:* Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <
> mjgelfand@gelfandarpe.com>
> *Subject:* [RPPTL Leasing Committee] comments by 9am tomorrow
>
>
>
> Please review and comment on the attached, along with practical issues.
> Please respond by 9am tomorrow.
>
>
>
> *Christopher A. Sajdera, Esquire*
>
> Board Certified Specialist, Condominium and Planned Development Law
>
>
>
> Sajdera, PA
>
>
>
> *Palm Beach Office*:
>
> 200 East Palmetto Park Road, Suite 103
>
> Boca Raton, Florida 33432
>
> Direct: 561-910-3082
>
> Phone: 561-948-4000
>
> Facsimile: 561-948-6052
>
>
>
> *Broward Office*:
>
> 2005 W. Cypress Creek Rd., Suite 203
>
> Ft. Lauderdale, FL 33309
>
> Phone: 954-869-0980
>
> Facsimile: 954-869-0981
>
>
>
> Email: cas@saj-law.com
>
>
>
> This e-mail, and any attachments thereto, are intended only for use by the
> addressee(s) named herein and may contain legally privileged and/or
> confidential information. If you are not the intended recipient of this
> e-mail, you are hereby notified that any dissemination, distribution or
> copying of this e-mail and any attachments thereto, is strictly prohibited
> and you must delete it without reading it.
>
>
>
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
RR
RPPTL Real Estate Leasing Committee
Mon, Sep 27, 2021 3:22 AM
I agree with Amanda, this is a solution searching for a problem.
It has been my experience over the last too many years, that if rent is in
the registry you are likely going to mediation. Point #5 narrows mediation
to cases where the tenant has not been defaulted pursuant to 83.60, just as
it is now. Otherwise, this mediation program would require amending
legislation.
Albert
Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783
On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
I agree with Amanda. She hit the nail right on the head. I believe
mediation will cause more problems for landlords than it would solve and
give tenants who are inclined, another arrow in their quiver to live rent
free. As written this proposal doesn't clearly define the problem it is
trying to solve. Arlene
On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
I agree that commercial evictions should not be included.
Practically, I think this is unnecessary and further burdens the
mom-and-pop landlords who financially cannot afford to maintain a tenant
who is not paying rent. I also think it’s a false equivalent to equate
evictions to foreclosures.
Is it really the general consensus that we are going to see a major
influx of residential evictions? If we aren’t responding to an actual
crisis, this seems like a solution in search of a problem.
[image: Logo Description automatically generated]
[image: Text Description automatically generated with low confidence]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
Main: (941) 556-9030
Fax: (941) 312-5316
akison@bgk.law akison@bgk.law
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
www.bgk.law http://www.bgk.law/
[image: Title: Facebook - Description: Facebook icon]
http://www.facebook.com/bgk.law
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Sunday, September 26, 2021 2:18 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand <
mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow
On page 3, 5. a. provides as follows:
“5. If implemented, considering whether narrowing mediation
availability would be appropriate based on one or more of the following
qualifications:
a. Residential tenancies, without precluding use in commercial
tenancies, the procedures of which are adapted to balance the interests of
the parties;”
It does not appear reasonable that commercial tenancies in Florida be
subject to Statewide Managed Mediation Program, for among other reasons, I
believe that the eviction ban in Florida did not apply to commercial
tenancies.
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.net
This email is intended solely for the use of the individual to whom it is
addressed and may contain information that is privileged, confidential or
otherwise exempt from dislosure under applicable law. If the reader of
this email is not the intended recipient or the employee or agent
responsible for delivering the message to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error, please immediately notify us by telephone and
return the original message to us at the listed email address. Thank you.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand <
mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow
Please review and comment on the attached, along with practical issues.
Please respond by 9am tomorrow.
Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law
Sajdera, PA
Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052
Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981
Email: cas@saj-law.com
This e-mail, and any attachments thereto, are intended only for use by
the addressee(s) named herein and may contain legally privileged and/or
confidential information. If you are not the intended recipient of this
e-mail, you are hereby notified that any dissemination, distribution or
copying of this e-mail and any attachments thereto, is strictly prohibited
and you must delete it without reading it.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I agree with Amanda, this is a solution searching for a problem.
It has been my experience over the last too many years, that if rent is in
the registry you are likely going to mediation. Point #5 narrows mediation
to cases where the tenant has not been defaulted pursuant to 83.60, just as
it is now. Otherwise, this mediation program would require amending
legislation.
Albert
Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783
On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
> I agree with Amanda. She hit the nail right on the head. I believe
> mediation will cause more problems for landlords than it would solve and
> give tenants who are inclined, another arrow in their quiver to live rent
> free. As written this proposal doesn't clearly define the problem it is
> trying to solve. Arlene
>
> On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <
> landten@lists.flabarrpptl.org> wrote:
>
>> I agree that commercial evictions should not be included.
>>
>>
>>
>> Practically, I think this is unnecessary and further burdens the
>> mom-and-pop landlords who financially cannot afford to maintain a tenant
>> who is not paying rent. I also think it’s a false equivalent to equate
>> evictions to foreclosures.
>>
>>
>>
>> Is it really the general consensus that we are going to see a major
>> influx of residential evictions? If we aren’t responding to an actual
>> crisis, this seems like a solution in search of a problem.
>>
>>
>>
>>
>>
>> [image: Logo Description automatically generated]
>>
>>
>>
>> [image: Text Description automatically generated with low confidence]
>>
>> *Amanda R. Kison, Esq.*
>>
>> Board Certified Business Litigation
>>
>> Bentley Goodrich Kison, P.A.
>>
>> Main: (941) 556-9030
>>
>> Fax: (941) 312-5316
>>
>> *akison@bgk.law <akison@bgk.law>*
>>
>> 783 South Orange Ave.
>>
>> Third Floor
>>
>> Sarasota, Florida 34236
>>
>> *www.bgk.law <http://www.bgk.law/>*
>>
>>
>>
>> [image: Title: Facebook - Description: Facebook icon]
>> <http://www.facebook.com/bgk.law>
>>
>>
>>
>>
>>
>> *From:* landten-bounces@lists.flabarrpptl.org <
>> landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
>> Leasing Committee
>> *Sent:* Sunday, September 26, 2021 2:18 PM
>> *To:* landten@lists.flabarrpptl.org
>> *Cc:* Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <
>> mjgelfand@gelfandarpe.com>
>> *Subject:* Re: [RPPTL Leasing Committee] comments by 9am tomorrow
>>
>>
>>
>> On page 3, 5. a. provides as follows:
>>
>>
>>
>> “5. If implemented, considering whether narrowing mediation
>> availability would be appropriate based on one or more of the following
>> qualifications:
>>
>> a. Residential tenancies, without precluding use in commercial
>> tenancies, the procedures of which are adapted to balance the interests of
>> the parties;”
>>
>>
>>
>> It does not appear reasonable that commercial tenancies in Florida be
>> subject to Statewide Managed Mediation Program, for among other reasons, I
>> believe that the eviction ban in Florida did not apply to commercial
>> tenancies.
>>
>>
>>
>> Jay A. Taplin
>>
>> Florida Bar Board Certified Real Estate Law
>> Taplin & Associates
>> Suite 1510
>> 1555 Palm Beach Lakes Boulevard
>> West Palm Beach, Florida 33401
>> (561) 684-8399 (ph)
>> (561) 471-8055 (fax)
>> jtaplin@taplinlaw.net
>>
>> This email is intended solely for the use of the individual to whom it is
>> addressed and may contain information that is privileged, confidential or
>> otherwise exempt from dislosure under applicable law. If the reader of
>> this email is not the intended recipient or the employee or agent
>> responsible for delivering the message to the intended recipient, you are
>> hereby notified that any dissemination, distribution or copying of this
>> communication is strictly prohibited. If you have received this
>> communication in error, please immediately notify us by telephone and
>> return the original message to us at the listed email address. Thank you.
>>
>>
>>
>>
>> *From:* landten-bounces@lists.flabarrpptl.org <
>> landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
>> Leasing Committee
>> *Sent:* Sunday, September 26, 2021 1:36 PM
>> *To:* landten@lists.flabarrpptl.org
>> *Cc:* Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <
>> mjgelfand@gelfandarpe.com>
>> *Subject:* [RPPTL Leasing Committee] comments by 9am tomorrow
>>
>>
>>
>> Please review and comment on the attached, along with practical issues.
>> Please respond by 9am tomorrow.
>>
>>
>>
>> *Christopher A. Sajdera, Esquire*
>>
>> Board Certified Specialist, Condominium and Planned Development Law
>>
>>
>>
>> Sajdera, PA
>>
>>
>>
>> *Palm Beach Office*:
>>
>> 200 East Palmetto Park Road, Suite 103
>>
>> Boca Raton, Florida 33432
>>
>> Direct: 561-910-3082
>>
>> Phone: 561-948-4000
>>
>> Facsimile: 561-948-6052
>>
>>
>>
>> *Broward Office*:
>>
>> 2005 W. Cypress Creek Rd., Suite 203
>>
>> Ft. Lauderdale, FL 33309
>>
>> Phone: 954-869-0980
>>
>> Facsimile: 954-869-0981
>>
>>
>>
>> Email: cas@saj-law.com
>>
>>
>>
>> This e-mail, and any attachments thereto, are intended only for use by
>> the addressee(s) named herein and may contain legally privileged and/or
>> confidential information. If you are not the intended recipient of this
>> e-mail, you are hereby notified that any dissemination, distribution or
>> copying of this e-mail and any attachments thereto, is strictly prohibited
>> and you must delete it without reading it.
>>
>>
>>
>>
>>
>>
>> _______________________________________________
>> landten mailing list
>> landten@lists.flabarrpptl.org
>> http://mailman.fsr.com/mailman/listinfo/landten
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten