Empathy List Archives

RR

RPPTL Real Estate Leasing Committee

Wed, Aug 25, 2021 2:35 PM

Just checking myself. Residential lease ended January 31, 2021. Tenant has not vacated. On July 26, 2021, Landlord delivers notice to tenant that Landlord will not be renewing the Lease and that Tenant must vacate by August 15, 2021.

Should the notice have stated tenant must vacate by August 31, 2021 (delivered 15 days before the end of the monthly rental period)?

Or, can I rely on F.S. 83.59 that:

(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
(2) A landlord…applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint…

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.

Just checking myself. Residential lease ended January 31, 2021. Tenant has not vacated. On July 26, 2021, Landlord delivers notice to tenant that Landlord will not be renewing the Lease and that Tenant must vacate by August 15, 2021. Should the notice have stated tenant must vacate by August 31, 2021 (delivered 15 days before the end of the monthly rental period)? Or, can I rely on F.S. 83.59 that: (1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section. (2) A landlord…applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint… 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.

RR

RPPTL Real Estate Leasing Committee

Wed, Aug 25, 2021 2:42 PM

I think the notice is insufficient for the reason you state.

Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F

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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, August 25, 2021 10:35 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] question

Just checking myself. Residential lease ended January 31, 2021. Tenant has not vacated. On July 26, 2021, Landlord delivers notice to tenant that Landlord will not be renewing the Lease and that Tenant must vacate by August 15, 2021.

Should the notice have stated tenant must vacate by August 31, 2021 (delivered 15 days before the end of the monthly rental period)?

Or, can I rely on F.S. 83.59 that:

(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
(2) A landlord…applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint…

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.

I think the notice is insufficient for the reason you state. Daniel S. Carusi, Esq. Daniel S. Carusi. P.A. 517 SW 1 Avenue Ft. Lauderdale, FL 33301 954.527.0101 954.524.4169 F P Reduce, Reuse, Recycle: Please do not print this email unless absolutely necessary. Daniel S. Carusi, P.A. may be collecting information pertaining to the collection of a debt. Any information collected for this purpose will be used solely for that purpose. The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such is PRIVILEGED and CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, this serves as notice to you that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please delete the original message and any attachments, as well as all copies thereof, and notify us immediately via e-mail. [SSI Registered Agent Official Seal] From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Wednesday, August 25, 2021 10:35 AM To: landten@lists.flabarrpptl.org Subject: [RPPTL Leasing Committee] question Just checking myself. Residential lease ended January 31, 2021. Tenant has not vacated. On July 26, 2021, Landlord delivers notice to tenant that Landlord will not be renewing the Lease and that Tenant must vacate by August 15, 2021. Should the notice have stated tenant must vacate by August 31, 2021 (delivered 15 days before the end of the monthly rental period)? Or, can I rely on F.S. 83.59 that: (1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section. (2) A landlord…applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint… 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.

RR

RPPTL Real Estate Leasing Committee

Wed, Aug 25, 2021 2:46 PM

Hi Kris,

I think yes, while 15 days’ notice was provided, technically the Landlord’s notice should have directed them to vacate as of August 31 (not less than 15 days prior to the endo of any monthly period). This is all assuming that rent was due on the 1st of each month, as opposed to the 15th. If it was due the 15th, the notice was proper.

Even under 83.59, you have to first terminate the month to month tenancy before moving to evict. If rent was due on the 1st, I would re-notice to vacate Sept 30.

[cid:image001.png@01D7999E.5D9A3A30]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm, P.A.
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
Main: (941) 556-9030
Fax: (941) 312-5316
akison@thebentleylawfirm.com mailto:akison@thebentleylawfirm.com
www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

[cid:image002.jpg@01D7999E.5D9A3A30]

[Title: Facebook - Description: Facebook icon]http://www.facebook.com/bentleylawsarasota

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

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

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, August 25, 2021 10:35 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] question

Just checking myself. Residential lease ended January 31, 2021. Tenant has not vacated. On July 26, 2021, Landlord delivers notice to tenant that Landlord will not be renewing the Lease and that Tenant must vacate by August 15, 2021.

Should the notice have stated tenant must vacate by August 31, 2021 (delivered 15 days before the end of the monthly rental period)?

Or, can I rely on F.S. 83.59 that:

(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
(2) A landlord…applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint…

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.

Hi Kris, I think yes, while 15 days’ notice was provided, technically the Landlord’s notice should have directed them to vacate as of August 31 (not less than 15 days prior to the endo of any monthly period). This is all assuming that rent was due on the 1st of each month, as opposed to the 15th. If it was due the 15th, the notice was proper. Even under 83.59, you have to first terminate the month to month tenancy before moving to evict. If rent was due on the 1st, I would re-notice to vacate Sept 30. [cid:image001.png@01D7999E.5D9A3A30] Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm, P.A. 783 South Orange Ave. Third Floor Sarasota, Florida 34236 Main: (941) 556-9030 Fax: (941) 312-5316 akison@thebentleylawfirm.com<mailto:akison@thebentleylawfirm.com> www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/> [cid:image002.jpg@01D7999E.5D9A3A30] [Title: Facebook - Description: Facebook icon]<http://www.facebook.com/bentleylawsarasota> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Wednesday, August 25, 2021 10:35 AM To: landten@lists.flabarrpptl.org Subject: [RPPTL Leasing Committee] question Just checking myself. Residential lease ended January 31, 2021. Tenant has not vacated. On July 26, 2021, Landlord delivers notice to tenant that Landlord will not be renewing the Lease and that Tenant must vacate by August 15, 2021. Should the notice have stated tenant must vacate by August 31, 2021 (delivered 15 days before the end of the monthly rental period)? Or, can I rely on F.S. 83.59 that: (1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section. (2) A landlord…applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint… 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.