[RPPTL LandTen] Reinstating Tenancy after Judgment
Is there a law that provides the tenant with the right to reinstate their
tenancy after judgment for possession is entered?
Dennis A. Chen, Esq.
Chen Law Firm, PA
213 S. Dillard St, Ste. 220E
Winter Garden, Florida 34787
Tel: (407) 392-1872
dennis@chenlaw.net
Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate
Litigation
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On Thu, Dec 15, 2016 at 11:28 AM, Dennis Chen dennis@chenlaw.net wrote:
Residential Property.
I represent the LL in bankruptcy court after an eviction judgment was
entered. LL attorney obtained judgment for possession and two days later
the tenant filed Chapter 13 bankruptcy. The tenant filed forms 101A & 101B
with the bankruptcy petition.
Form 101A provides the following certification by the tenant.
I certify under penalty of perjury that:
- Under the state or other nonbankruptcy law that applies to the judgment
for possession (eviction judgment), I have the right to stay in my
residence by paying my landlord the entire delinquent amount . - I have given the bankruptcy court clerk a deposit for the rent that
would be due during the 30 days after I file the Voluntary Petition for
Individual Filing for Bankruptcy (Official Form 101).
Question: Regarding number 1, I am not aware of any nonbankruptcy law in
Florida that allows a resident to remain in the residence after judgment is
entered. Is anyone aware of a law that allows the tenant to stay in the
property? The Mobile Home Act has such a provision, but not chapter 83.
Question: In number 2, my understanding is that the entire rent due for 1
month has to be paid to the clerk at the time that the petition for
bankruptcy is filed. Anyone interpret that differently? Tenant deposited
$20 with clerk and then three weeks later sent a full rent check to the
property manager $1,000.
Dennis A. Chen, Esq.
Chen Law Firm, PA
213 S. Dillard St, Ste. 220E
Winter Garden, Florida 34787
Tel: (407) 392-1872
dennis@chenlaw.net
Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate
Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains
legally privileged and confidential information and is intended solely for
the recipient. Should the intended recipient forward this message to any
person or entity, that action could constitute a waiver of the
attorney-client privilege. If the reader of this message is not the
intended recipient, you are hereby notified that any review, dissemination,
distribution, or copying of this communication is prohibited. If this
communication was sent or received in error, please notify us by reply
e-mail and delete the original message.
HI Dennis:
I believe the only time that would happen if the judgment for possession was entered in violation of the automatic stay in the bankruptcy. Other than that I do not recall any. Of course, before eviction you can raise equitable arguments to keep a tenant from being evicted.
Leonard P. Cabral, Esq.
leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Friday, December 16, 2016 2:17 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Reinstating Tenancy after Judgment
Is there a law that provides the tenant with the right to reinstate their tenancy after judgment for possession is entered?
Dennis A. Chen, Esq.
Chen Law Firm, PA
213 S. Dillard St, Ste. 220E
Winter Garden, Florida 34787
Tel: (407) 392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net
Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.
On Thu, Dec 15, 2016 at 11:28 AM, Dennis Chen <dennis@chenlaw.netmailto:dennis@chenlaw.net> wrote:
Residential Property.
I represent the LL in bankruptcy court after an eviction judgment was entered. LL attorney obtained judgment for possession and two days later the tenant filed Chapter 13 bankruptcy. The tenant filed forms 101A & 101B with the bankruptcy petition.
Form 101A provides the following certification by the tenant.
I certify under penalty of perjury that:
- Under the state or other nonbankruptcy law that applies to the judgment for possession (eviction judgment), I have the right to stay in my residence by paying my landlord the entire delinquent amount .
- I have given the bankruptcy court clerk a deposit for the rent that would be due during the 30 days after I file the Voluntary Petition for Individual Filing for Bankruptcy (Official Form 101).
Question: Regarding number 1, I am not aware of any nonbankruptcy law in Florida that allows a resident to remain in the residence after judgment is entered. Is anyone aware of a law that allows the tenant to stay in the property? The Mobile Home Act has such a provision, but not chapter 83.
Question: In number 2, my understanding is that the entire rent due for 1 month has to be paid to the clerk at the time that the petition for bankruptcy is filed. Anyone interpret that differently? Tenant deposited $20 with clerk and then three weeks later sent a full rent check to the property manager $1,000.
Dennis A. Chen, Esq.
Chen Law Firm, PA
213 S. Dillard St, Ste. 220E
Winter Garden, Florida 34787
Tel: (407) 392-1872tel:(407)%20392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net
Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.
Anyone representing a landlord ever have a client sell the property during the process of eviction (Eviction and Damages - before judgment of either count) and not tell you as attorney? How about when they sign an affidavit representing they own, when they no longer do?? How to handle??
All thoughts appreciated.
Thank you.
Pat
Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
If it were me, I'd call the FL Bar Ethics Hotline. They have always been great at knowing the answer and the relevant Rule(s), opinions and cases or pointing me in the right direction for the answer.
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.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. This e-mail and its attachments are confidential and intended to be protected by the attorney-client privilege and/or work product doctrine. Any use inconsistent with these protections, including unauthorized forwarding to third parties, is strictly prohibited.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of pat@hoganlegalservices.com
Sent: Friday, December 16, 2016 2:59 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Sale of property
Anyone representing a landlord ever have a client sell the property during the process of eviction (Eviction and Damages - before judgment of either count) and not tell you as attorney? How about when they sign an affidavit representing they own, when they no longer do?? How to handle??
All thoughts appreciated.
Thank you.
Pat
Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
I agree with Mike. I have called them on several occasions.
Leonard P. Cabral, Esq.
leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Mike Davis
Sent: Friday, December 16, 2016 3:28 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Sale of property
If it were me, I'd call the FL Bar Ethics Hotline. They have always been great at knowing the answer and the relevant Rule(s), opinions and cases or pointing me in the right direction for the answer.
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
mike@mgfdlaw.commailto:mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.commailto:eservice@mgfdlaw.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. This e-mail and its attachments are confidential and intended to be protected by the attorney-client privilege and/or work product doctrine. Any use inconsistent with these protections, including unauthorized forwarding to third parties, is strictly prohibited.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of pat@hoganlegalservices.commailto:pat@hoganlegalservices.com
Sent: Friday, December 16, 2016 2:59 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Sale of property
Anyone representing a landlord ever have a client sell the property during the process of eviction (Eviction and Damages - before judgment of either count) and not tell you as attorney? How about when they sign an affidavit representing they own, when they no longer do?? How to handle??
All thoughts appreciated.
Thank you.
Pat
Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.