Happy Monday RPPTL's:

Regarding the new and improved Chapter 83 and in particular, 83.425 & 83.57(3)...

Wondering if there is a consensus that the new F.S. 83.425 overrides all the individual City and County local ordinances that were imposed post-Covid regarding termination of a MTM Tenancy?  In other words, can we now terminate a MTM tenancy with 30 days notice instead of the 60 days notice requirement that many municipalities have imposed?

I know it's entitled "Preemption" so should be self-explanatory, but I've learned not to assume anything always ask the experts.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

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

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

That was my interpretation as well.  Haven't had the pleasure of arguing that in court yet, so wanted to get a second opinion.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

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

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org
Sent: Monday, August 7, 2023 12:28 PM
To: landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] F.S. 83.425 (2023)

That was the whole purpose of passing the bill- to undo the municipality dates.

Deborah Marks, PLLC
11767 S. Dixie Highway
Ste 126
Miami, FL 33156
305-372-9400
deborahmarkslaw@gmail.commailto:deborahmarkslaw@gmail.com
deborah@deborahmarks.lawmailto:deborah@deborahmarks.law
synergy928@aol.commailto:synergy928@aol.com

On Mon, Aug 7, 2023 at 12:19 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org> wrote:
Happy Monday RPPTL's:

Regarding the new and improved Chapter 83 and in particular, 83.425 & 83.57(3)...

Wondering if there is a consensus that the new F.S. 83.425 overrides all the individual City and County local ordinances that were imposed post-Covid regarding termination of a MTM Tenancy?  In other words, can we now terminate a MTM tenancy with 30 days notice instead of the 60 days notice requirement that many municipalities have imposed?

I know it's entitled "Preemption" so should be self-explanatory, but I've learned not to assume anything always ask the experts.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

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

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Many Municipalities have come out with either a statement that they are not enforcing their local LLT bills (see broward website on tenant rights) or have voted to repeal their local ordinances (St. Pete had this on their commission meeting agenda last week). You can check the municipality to double-check.

Kristen King Jaiven, Esq.

Kristen King Jaiven, Lawyer, PLLC

(407)590-9686

Kristen@kkjlawyer.com

Sent from my iPhone

On Aug 7, 2023, at 12:43 PM, RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> wrote:

 That was my interpretation as well. Haven't had the pleasure of arguing that in court yet, so wanted to get a second opinion.

Cary Sabol

Cary P. Sabol, Esq. J.D. (2001), LLM (2009)

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Office: (561) 413-4449

Cell: (561) 281-2744

Fax: (888) 316-2881

Email: CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

**PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"

CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.**

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

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

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

---

From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org>
Sent: Monday, August 7, 2023 12:28 PM
To: landten@lists.flabarrpptl.org <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL Leasing Committee] F.S. 83.425 (2023)

That was the whole purpose of passing the bill- to undo the municipality dates.
Deborah Marks, PLLC

11767 S. Dixie Highway
Ste 126

Miami, FL 33156
305-372-9400

deborahmarkslaw@gmail.com

deborah@deborahmarks.law
synergy928@aol.com

On Mon, Aug 7, 2023 at 12:19 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> wrote:

Happy Monday RPPTL's:

Regarding the new and improved Chapter 83 and in particular, 83.425 & 83.57(3)...

Wondering if there is a consensus that the new F.S. 83.425 overrides all the individual City and County local ordinances that were imposed post-Covid regarding termination of a MTM Tenancy? In other words, can we now terminate a MTM tenancy with 30 days notice instead of the 60 days notice requirement that many municipalities have imposed?

I know it's entitled "Preemption" so should be self-explanatory, but I've learned not to assume anything always ask the experts.

Cary Sabol

Cary P. Sabol, Esq. J.D. (2001), LLM (2009)

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Office: (561) 413-4449

Cell: (561) 281-2744

Fax: (888) 316-2881

Email: CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

**PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"

CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.**

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

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

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

---

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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

_______________________________________________
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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Good morning all.  I know not quite landlord-tenant, but since self storage is still covered under Chapter 83, I thought I would give this forum a try.

I know that we do have two avenues for getting rid of self-storage tenants here in FL – the auction process detailed in Part 3 when the default is monetary, and a traditional eviction under Part 1 for other defaults.  But what do we do when the storage unit has items that are attracting rodents and insects (such as large amounts of food, storage of which is a violation of the storage lease)?  The auction process can always be stopped by the tenant by paying the rent, and a Part 1 eviction will take at least a month, after actually serving the tenant and trying to push through the default (if they don’t respond) as soon as possible.  Same as giving them notice of termination and then evicting as a holdover.

Does anyone have any experience (or even rational ideas) with claiming an imminent health hazard and then just cleaning out their unit if they don’t do it (after providing sufficient notice – many times over)?  The situation may in fact become dire enough so that the LL may do this regardless of the possible liability exposure to the tenant.  And if they do, any recommendations as to how to minimize that exposure?  Been doing this a long time, and I have not before come across a situation where I may just advise the client to do what they want and consequences be damned, but this one may be it.

As always – thanks in advance for any thoughts you can provide.

Scott A. Frank
Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.
3201 W. Commercial Boulevard, Suite 218
Fort Lauderdale, Florida 33309
p:  (561) 826-5400
f:  (561) 423-5721
sfrank@saflaw.commailto:sfrank@saflaw.com

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

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