Empathy List Archives

AC

Alberto Cardet

Thu, Nov 19, 2009 3:18 PM

If a commerical landlord wants to evict due to the tenant's non-payment of CAMS, does the landlord need to refuse regular rent payments to avoid a waiver under 83.202?

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

Find a local lawyer and free legal information at FindLaw.com.

DW

David Weisman

Thu, Nov 19, 2009 4:47 PM

The statute speaks to acceptance of the “full amount” and I would think that includes all sums defined in the lease as rent. Therefore, not a waiver. Disclaimer: No case research.

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto Cardet
Sent: Thursday, November 19, 2009 10:18 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Waiver under 83.202

If a commerical landlord wants to evict due to the tenant's non-payment of CAMS, does the landlord need to refuse regular rent payments to avoid a waiver under 83.202?

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

Find a local lawyer and free legal information at FindLaw.com.

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail.

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.

The statute speaks to acceptance of the “full amount” and I would think that includes all sums defined in the lease as rent. Therefore, not a waiver. Disclaimer: No case research. David Weisman David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto Cardet Sent: Thursday, November 19, 2009 10:18 AM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Waiver under 83.202 If a commerical landlord wants to evict due to the tenant's non-payment of CAMS, does the landlord need to refuse regular rent payments to avoid a waiver under 83.202? Alberto M. Cardet, P.A. 1330 Coral Way #301 Miami Fl 33145 305-403-7783 305-403-7824 (fax) ________________________________ Find a local lawyer and free legal information at FindLaw.com. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail. 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.

AJ

Anthony J. Horky

Thu, Nov 19, 2009 5:09 PM

Waiver can be found under the common law, statute or the lease. Does
the lease have an "anti-waiver" clause? Is CAM defined in the lease as
"rent"? There are cases on waiver, which I recommend should be
reviewed. I did not review any case law prior to responding to this
email. As stated by David, the statute speaks to "full amount of rent"
and I would agree that acceptance of partial rent does not act as a
waiver. I normally have the client serve written notice to the tenant
stating that its acceptance of a partial rent payment shall not be
deemed a waiver or relinquishment of any rights under the lease to
proceed with an eviction action. Also, has a 3-day Notice been served
yet? At trial once, I had the tenant attempt to attack the fact that the
amount in the 3-day notice differed from the amount in the complaint
constituting a waiver or failure of a condition precedent. After our
response, the court overruled the objection and entered a judgment for
eviction. To avoid this, I would issue a new 3-day notice following
acceptance of a partial payment (provided time is not an issue).

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile: 954.467.2210

E-Mail: ahorky@mbhlawyer.com

Website: www.mbhlawyer.com

This message and its attachments are sent by or on behalf of a lawyer
and may contain information that is confidential and protected by
privilege from disclosure. If you are not the intended recipient, you
are prohibited from printing, copying, forwarding or saving them. Please
delete the message and attachments without printing, copying, forwarding
or saving them, and notify the sender immediately.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Thursday, November 19, 2009 11:48 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Waiver under 83.202

The statute speaks to acceptance of the "full amount" and I would think
that includes all sums defined in the lease as rent. Therefore, not a
waiver. Disclaimer: No case research.

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto
Cardet
Sent: Thursday, November 19, 2009 10:18 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Waiver under 83.202

If a commerical landlord wants to evict due to the tenant's non-payment
of CAMS, does the landlord need to refuse regular rent payments to avoid
a waiver under 83.202?

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

Find a local lawyer and free legal information at FindLaw.com.

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not
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 notify us immediately by
reply e-mail.

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.

Waiver can be found under the common law, statute or the lease. Does the lease have an "anti-waiver" clause? Is CAM defined in the lease as "rent"? There are cases on waiver, which I recommend should be reviewed. I did not review any case law prior to responding to this email. As stated by David, the statute speaks to "full amount of rent" and I would agree that acceptance of partial rent does not act as a waiver. I normally have the client serve written notice to the tenant stating that its acceptance of a partial rent payment shall not be deemed a waiver or relinquishment of any rights under the lease to proceed with an eviction action. Also, has a 3-day Notice been served yet? At trial once, I had the tenant attempt to attack the fact that the amount in the 3-day notice differed from the amount in the complaint constituting a waiver or failure of a condition precedent. After our response, the court overruled the objection and entered a judgment for eviction. To avoid this, I would issue a new 3-day notice following acceptance of a partial payment (provided time is not an issue). Anthony J. Horky, Esq. Mombach, Boyle & Hardin, P.A. 500 East Broward Boulevard Suite 1950 Broward Financial Centre Ft. Lauderdale, Florida 33394 Telephone: 954.467.2200 ext. 225 Facsimile: 954.467.2210 E-Mail: ahorky@mbhlawyer.com Website: www.mbhlawyer.com This message and its attachments are sent by or on behalf of a lawyer and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding or saving them. Please delete the message and attachments without printing, copying, forwarding or saving them, and notify the sender immediately. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Thursday, November 19, 2009 11:48 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Waiver under 83.202 The statute speaks to acceptance of the "full amount" and I would think that includes all sums defined in the lease as rent. Therefore, not a waiver. Disclaimer: No case research. David Weisman David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto Cardet Sent: Thursday, November 19, 2009 10:18 AM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Waiver under 83.202 If a commerical landlord wants to evict due to the tenant's non-payment of CAMS, does the landlord need to refuse regular rent payments to avoid a waiver under 83.202? Alberto M. Cardet, P.A. 1330 Coral Way #301 Miami Fl 33145 305-403-7783 305-403-7824 (fax) ________________________________ Find a local lawyer and free legal information at FindLaw.com. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail. 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.

DD

Drobner, David S.

Thu, Nov 19, 2009 5:13 PM

Or, just bite the bullet and refuse and reject that payment to be sure
you are golden to evict...

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Thursday, November 19, 2009 12:10 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Waiver under 83.202

Waiver can be found under the common law, statute or the lease. Does
the lease have an "anti-waiver" clause? Is CAM defined in the lease as
"rent"? There are cases on waiver, which I recommend should be
reviewed. I did not review any case law prior to responding to this
email. As stated by David, the statute speaks to "full amount of rent"
and I would agree that acceptance of partial rent does not act as a
waiver. I normally have the client serve written notice to the tenant
stating that its acceptance of a partial rent payment shall not be
deemed a waiver or relinquishment of any rights under the lease to
proceed with an eviction action. Also, has a 3-day Notice been served
yet? At trial once, I had the tenant attempt to attack the fact that the
amount in the 3-day notice differed from the amount in the complaint
constituting a waiver or failure of a condition precedent. After our
response, the court overruled the objection and entered a judgment for
eviction. To avoid this, I would issue a new 3-day notice following
acceptance of a partial payment (provided time is not an issue).

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile: 954.467.2210

E-Mail: ahorky@mbhlawyer.com

Website: www.mbhlawyer.com

This message and its attachments are sent by or on behalf of a lawyer
and may contain information that is confidential and protected by
privilege from disclosure. If you are not the intended recipient, you
are prohibited from printing, copying, forwarding or saving them. Please
delete the message and attachments without printing, copying, forwarding
or saving them, and notify the sender immediately.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Thursday, November 19, 2009 11:48 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Waiver under 83.202

The statute speaks to acceptance of the "full amount" and I would think
that includes all sums defined in the lease as rent. Therefore, not a
waiver. Disclaimer: No case research.

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto
Cardet
Sent: Thursday, November 19, 2009 10:18 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Waiver under 83.202

If a commerical landlord wants to evict due to the tenant's non-payment
of CAMS, does the landlord need to refuse regular rent payments to avoid
a waiver under 83.202?

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

Find a local lawyer and free legal information at FindLaw.com.

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not
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 notify us immediately by
reply e-mail.

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.

Or, just bite the bullet and refuse and reject that payment to be sure you are golden to evict... ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Thursday, November 19, 2009 12:10 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Waiver under 83.202 Waiver can be found under the common law, statute or the lease. Does the lease have an "anti-waiver" clause? Is CAM defined in the lease as "rent"? There are cases on waiver, which I recommend should be reviewed. I did not review any case law prior to responding to this email. As stated by David, the statute speaks to "full amount of rent" and I would agree that acceptance of partial rent does not act as a waiver. I normally have the client serve written notice to the tenant stating that its acceptance of a partial rent payment shall not be deemed a waiver or relinquishment of any rights under the lease to proceed with an eviction action. Also, has a 3-day Notice been served yet? At trial once, I had the tenant attempt to attack the fact that the amount in the 3-day notice differed from the amount in the complaint constituting a waiver or failure of a condition precedent. After our response, the court overruled the objection and entered a judgment for eviction. To avoid this, I would issue a new 3-day notice following acceptance of a partial payment (provided time is not an issue). Anthony J. Horky, Esq. Mombach, Boyle & Hardin, P.A. 500 East Broward Boulevard Suite 1950 Broward Financial Centre Ft. Lauderdale, Florida 33394 Telephone: 954.467.2200 ext. 225 Facsimile: 954.467.2210 E-Mail: ahorky@mbhlawyer.com Website: www.mbhlawyer.com This message and its attachments are sent by or on behalf of a lawyer and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding or saving them. Please delete the message and attachments without printing, copying, forwarding or saving them, and notify the sender immediately. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Thursday, November 19, 2009 11:48 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Waiver under 83.202 The statute speaks to acceptance of the "full amount" and I would think that includes all sums defined in the lease as rent. Therefore, not a waiver. Disclaimer: No case research. David Weisman David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto Cardet Sent: Thursday, November 19, 2009 10:18 AM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Waiver under 83.202 If a commerical landlord wants to evict due to the tenant's non-payment of CAMS, does the landlord need to refuse regular rent payments to avoid a waiver under 83.202? Alberto M. Cardet, P.A. 1330 Coral Way #301 Miami Fl 33145 305-403-7783 305-403-7824 (fax) ________________________________ Find a local lawyer and free legal information at FindLaw.com. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail. 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.

LS

Lainie Simon

Fri, Nov 20, 2009 6:09 PM

I have tried to do research on this recently. Not much out there. I tell
them to send it back. If they won't, they send a notice reserving their
rights. If they accept it with no comment, there can be a
problem--involved in one now.

Drobner, David S. wrote:

Or, just bite the bullet and refuse and reject that payment to be sure
you are golden to evict...

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Anthony
J. Horky
Sent: Thursday, November 19, 2009 12:10 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Waiver under 83.202

Waiver can be found under the common law, statute or the lease. Does
the lease have an “anti-waiver” clause? Is CAM defined in the lease as
“rent”? There are cases on waiver, which I recommend should be
reviewed. I did not review any case law prior to responding to this
email. As stated by David, the statute speaks to “full amount of rent”
and I would agree that acceptance of partial rent does not act as a
waiver. I normally have the client serve written notice to the tenant
stating that its acceptance of a partial rent payment shall not be
deemed a waiver or relinquishment of any rights under the lease to
proceed with an eviction action. Also, has a 3-day Notice been served
yet? At trial once, I had the tenant attempt to attack the fact that
the amount in the 3-day notice differed from the amount in the
complaint constituting a waiver or failure of a condition precedent.
After our response, the court overruled the objection and entered a
judgment for eviction. To avoid this, I would issue a new 3-day notice
following acceptance of a partial payment (provided time is not an
issue).

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile: 954.467.2210

E-Mail: ahorky@mbhlawyer.com mailto:ahorky@mbhlawyer.com

Website: www.mbhlawyer.com http://www.mbhlawyer.com

This message and its attachments are sent by or on behalf of a lawyer
and may contain information that is confidential and protected by
privilege from disclosure. If you are not the intended recipient, you
are prohibited from printing, copying, forwarding or saving them.
Please delete the message and attachments without printing, copying,
forwarding or saving them, and notify the sender immediately.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] *On Behalf Of *David
Weisman
Sent: Thursday, November 19, 2009 11:48 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Waiver under 83.202

The statute speaks to acceptance of the “full amount” and I would
think that includes all sums defined in the lease as rent. Therefore,
not a waiver. Disclaimer: No case research.

David Weisman

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

cid:image003.png@01C9C405.DE5F2DF0

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Alberto
Cardet
Sent: Thursday, November 19, 2009 10:18 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Waiver under 83.202

If a commerical landlord wants to evict due to the tenant's
non-payment of CAMS, does the landlord need to refuse regular rent
payments to avoid a waiver under 83.202?

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

Find a local lawyer and free legal information at FindLaw.com.

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail.

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.

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

--
Lainie J. Simon, Esq.
2200 NW Corporate Blvd, #401
Boca Raton, FL 33431
561-445-1361
561-997-8448 (fax)

I have tried to do research on this recently. Not much out there. I tell them to send it back. If they won't, they send a notice reserving their rights. If they accept it with no comment, there can be a problem--involved in one now. Drobner, David S. wrote: > Or, just bite the bullet and refuse and reject that payment to be sure > you are golden to evict... > > ------------------------------------------------------------------------ > *From:* landten-bounces@lists.flabarrpptl.org > [mailto:landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Anthony > J. Horky > *Sent:* Thursday, November 19, 2009 12:10 PM > *To:* RPPTL Landlord Tenant Committee > *Subject:* Re: [RPPTL LandTen] Waiver under 83.202 > > Waiver can be found under the common law, statute or the lease. Does > the lease have an “anti-waiver” clause? Is CAM defined in the lease as > “rent”? There are cases on waiver, which I recommend should be > reviewed. I did not review any case law prior to responding to this > email. As stated by David, the statute speaks to “full amount of rent” > and I would agree that acceptance of partial rent does not act as a > waiver. I normally have the client serve written notice to the tenant > stating that its acceptance of a partial rent payment shall not be > deemed a waiver or relinquishment of any rights under the lease to > proceed with an eviction action. Also, has a 3-day Notice been served > yet? At trial once, I had the tenant attempt to attack the fact that > the amount in the 3-day notice differed from the amount in the > complaint constituting a waiver or failure of a condition precedent. > After our response, the court overruled the objection and entered a > judgment for eviction. To avoid this, I would issue a new 3-day notice > following acceptance of a partial payment (provided time is not an > issue). > > Anthony J. Horky, Esq. > > Mombach, Boyle & Hardin, P.A. > > 500 East Broward Boulevard > > Suite 1950 Broward Financial Centre > > Ft. Lauderdale, Florida 33394 > > Telephone: 954.467.2200 ext. 225 > > Facsimile: 954.467.2210 > > E-Mail: ahorky@mbhlawyer.com <mailto:ahorky@mbhlawyer.com> > > Website: www.mbhlawyer.com <http://www.mbhlawyer.com> > > This message and its attachments are sent by or on behalf of a lawyer > and may contain information that is confidential and protected by > privilege from disclosure. If you are not the intended recipient, you > are prohibited from printing, copying, forwarding or saving them. > Please delete the message and attachments without printing, copying, > forwarding or saving them, and notify the sender immediately. > > ------------------------------------------------------------------------ > > *From:* landten-bounces@lists.flabarrpptl.org > [mailto:landten-bounces@lists.flabarrpptl.org] *On Behalf Of *David > Weisman > *Sent:* Thursday, November 19, 2009 11:48 AM > *To:* RPPTL Landlord Tenant Committee > *Subject:* Re: [RPPTL LandTen] Waiver under 83.202 > > The statute speaks to acceptance of the “full amount” and I would > think that includes all sums defined in the lease as rent. Therefore, > not a waiver. Disclaimer: No case research. > > *David Weisman* > > David Weisman > > Board Certified Real Estate Lawyer > > Greenspoon Marder, P.A. > > Trade Center South, Suite 700 > > 100 West Cypress Creek Road > > Ft. Lauderdale, FL 33309 > > Phone 954-491-1120 > > Toll Free 888-491-1120 > > Direct Phone 954-343-6941 > > Direct Fax 954-343-6942 > > cid:image003.png@01C9C405.DE5F2DF0 > > *From:* landten-bounces@lists.flabarrpptl.org > [mailto:landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Alberto > Cardet > *Sent:* Thursday, November 19, 2009 10:18 AM > *To:* landten@lists.flabarrpptl.org > *Subject:* [RPPTL LandTen] Waiver under 83.202 > > If a commerical landlord wants to evict due to the tenant's > non-payment of CAMS, does the landlord need to refuse regular rent > payments to avoid a waiver under 83.202? > > Alberto M. Cardet, P.A. > 1330 Coral Way #301 > Miami Fl 33145 > 305-403-7783 > 305-403-7824 (fax) > > ------------------------------------------------------------------------ > > Find a local lawyer and free legal information at FindLaw.com. > > The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail. > > 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. > ------------------------------------------------------------------------ > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten -- Lainie J. Simon, Esq. 2200 NW Corporate Blvd, #401 Boca Raton, FL 33431 561-445-1361 561-997-8448 (fax)