[RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation, other than
non-payment of rent, and accepted rent while the case was pending? I have a
situation where the case has dragged on for more than 6 months without the
rent being paid. It is subsidized housing so the amount is small but we
want the rent from the tenant, who is willing to pay. But if we accept rent
will that waive our issue with the lease non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
the IRS, we inform you that any tax advice contained in this communication
is not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding penalties imposed under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed in this communication or in any attachment.
The information contained in this message is privileged and confidential.
It is intended only for the use of the addressee named above. If the reader
of this message is not the intended recipient, you are notified that any
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I think it would. Section 83.56 (5) seems to suggest that if the LL
accepts rent with actual knowledge of a noncompliance by the T, then the
LL "waives his right to terminate the rental agreement or to bring a
civil action for that noncompliance, but not for any subsequent or
continuing noncompliance." I've always read this to include both the
bringing AND maintaining the civil action, but I could be wrong.
Regards,
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Florida Open House Weekend: April 10-11
Be Proud of it. Be Part of it.
http://floridarealtors.org/openhouse
LEGAL DISCLAIMER: The information transmitted is intended solely for
the individual or entity to which it is addressed and may contain
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale
Silbermann
Sent: Tuesday, March 02, 2010 5:08 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation, other
than non-payment of rent, and accepted rent while the case was pending?
I have a situation where the case has dragged on for more than 6 months
without the rent being paid. It is subsidized housing so the amount is
small but we want the rent from the tenant, who is willing to pay. But
if we accept rent will that waive our issue with the lease
non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed
by the IRS, we inform you that any tax advice contained in this
communication is not intended or written to be used, and cannot be used,
for the purpose of (i) avoiding penalties imposed under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another
party any transaction or matter addressed in this communication or in
any attachment.
The information contained in this message is privileged and
confidential. It is intended only for the use of the addressee named
above. If the reader of this message is not the intended recipient, you
are notified that any dissemination, distribution, or copying of this
message is strictly prohibited. If you have received this message in
error, please notify the sender by reply email and destroy and delete
this message. Thank you for your cooperation.
I do not believe you can accept rent and always sdvise my clients not to
Sent from my iphone
On Mar 2, 2010, at 5:18 PM, "Greg Hass" GregH@floridarealtors.org
wrote:
I think it would. Section 83.56 (5) seems to suggest that if the LL
accepts rent with actual knowledge of a noncompliance by the T, then
the LL “waives his right to terminate the rental agreement or to bri
ng a civil action for that noncompliance, but not for any subsequent
or continuing noncompliance.” I’ve always read this to include
both the bringing AND maintaining the civil action, but I could be w
rong.
Regards,
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Florida Open House Weekend: April 10-11
Be Proud of it. Be Part of it.
http://floridarealtors.org/openhouse
<image001.jpg>
LEGAL DISCLAIMER: The information transmitted is intended solely
for the individual or entity to which it is addressed and may
contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of or taking action in
reliance upon this information by persons or entities other than the
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error please contact the sender and delete the material from any
computer.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-
bounces@lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Tuesday, March 02, 2010 5:08 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation,
other than non-payment of rent, and accepted rent while the case was
pending? I have a situation where the case has dragged on for more
than 6 months without the rent being paid. It is subsidized housing
so the amount is small but we want the rent from the tenant, who is
willing to pay. But if we accept rent will that waive our issue
with the lease non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in
this communication is not intended or written to be used, and cannot
be used, for the purpose of (i) avoiding penalties imposed under the
Internal Revenue Code or (ii) promoting, marketing or recommending
to another party any transaction or matter addressed in this
communication or in any attachment.
The information contained in this message is privileged and
confidential. It is intended only for the use of the addressee
named above. If the reader of this message is not the intended
recipient, you are notified that any dissemination, distribution, or
copying of this message is strictly prohibited. If you have
received this message in error, please notify the sender by reply
email and destroy and delete this message. Thank you for your
cooperation.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
You take one dime and it's over. You can accept the subsidy portion though and not have waiver. You can’t take any money from the tenant.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, March 02, 2010 5:26 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
I do not believe you can accept rent and always sdvise my clients not to
Sent from my iphone
On Mar 2, 2010, at 5:18 PM, "Greg Hass" GregH@floridarealtors.org wrote:
I think it would. Section 83.56 (5) seems to suggest that if the LL accepts rent with actual knowledge of a noncompliance by the T, then the LL “waives his right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance.” I’ve always read this to include both the bringing AND maintaining the civil action, but I could be wrong.
Regards,
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Florida Open House Weekend: April 10-11
Be Proud of it. Be Part of it.
http://floridarealtors.org/openhouse
<image001.jpg>
LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Tuesday, March 02, 2010 5:08 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation, other than non-payment of rent, and accepted rent while the case was pending? I have a situation where the case has dragged on for more than 6 months without the rent being paid. It is subsidized housing so the amount is small but we want the rent from the tenant, who is willing to pay. But if we accept rent will that waive our issue with the lease non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or in any attachment.
The information contained in this message is privileged and confidential. It is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have received this message in error, please notify the sender by reply email and destroy and delete this message. Thank you for your cooperation.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I am not sure if this is the appropriate forum but I just got word that Jim Mitchell died after a 2 year illness battle.
Jim was Assistant Attorney General for FREC and then went to Baker and Hostetler.
He was a wonderful person. http://www.bakerlaw.com/jamesrmitchell/
Harry
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Tuesday, March 02, 2010 6:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
You take one dime and it's over. You can accept the subsidy portion though and not have waiver. You can’t take any money from the tenant.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, March 02, 2010 5:26 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
I do not believe you can accept rent and always sdvise my clients not to
Sent from my iphone
On Mar 2, 2010, at 5:18 PM, "Greg Hass" GregH@floridarealtors.org wrote:
I think it would. Section 83.56 (5) seems to suggest that if the LL accepts rent with actual knowledge of a noncompliance by the T, then the LL “waives his right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance.” I’ve always read this to include both the bringing AND maintaining the civil action, but I could be wrong.
Regards,
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Florida Open House Weekend: April 10-11
Be Proud of it. Be Part of it.
http://floridarealtors.org/openhouse
<image001.jpg>
LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Tuesday, March 02, 2010 5:08 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation, other than non-payment of rent, and accepted rent while the case was pending? I have a situation where the case has dragged on for more than 6 months without the rent being paid. It is subsidized housing so the amount is small but we want the rent from the tenant, who is willing to pay. But if we accept rent will that waive our issue with the lease non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or in any attachment.
The information contained in this message is privileged and confidential. It is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have received this message in error, please notify the sender by reply email and destroy and delete this message. Thank you for your cooperation.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Gale:
In my opinion, 83.60(2) requires the tenant to deposit the rent into the registry of the court for all breaches of the lease, not just non-payment of rent. Also, in my opinion, 83.56(5) provides for a waiver of all tenant non-compliance if the landlord accepts the rent. There are also cases on waiver in the non-residential setting, but I do not have them handy. As a disclaimer, judges have been known to disagree with me. Therefore, you should not cite "Chuck" as authority for this.
In order not to waive the default and to preserve the money, my recommendation is to file a Motion To Determine Rent and To Require Deposit of Rent, have the court determine the amount of past due rent and monthly accrual, just like a payment default case, and have the tenant deposit the rent into the registry of the court.
I hope that helps.
Chuck
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Tuesday, March 02, 2010 4:08 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation, other than non-payment of rent, and accepted rent while the case was pending? I have a situation where the case has dragged on for more than 6 months without the rent being paid. It is subsidized housing so the amount is small but we want the rent from the tenant, who is willing to pay. But if we accept rent will that waive our issue with the lease non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or in any attachment.
The information contained in this message is privileged and confidential. It is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have received this message in error, please notify the sender by reply email and destroy and delete this message. Thank you for your cooperation.
We file a Motion for Default for Failure to Post Rent into the Court
Registry immediately when the tenant files an answer and if we do not get
our default (which we get about 90% of the time) we immediately set it for
trial.
The minute the tenant open his/her mouth in court, we object and tell the
judge it is improper to proceed without money placed in court registry. This
usually results in the judge asking the tenant if they have the money, the
tenant says no, and we are out the door with a FJ.
We file thousands of these motions each year.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Chuck Hoskin
Sent: Wednesday, March 03, 2010 9:53 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
Gale:
In my opinion, 83.60(2) requires the tenant to deposit the rent into the
registry of the court for all breaches of the lease, not just non-payment of
rent. Also, in my opinion, 83.56(5) provides for a waiver of all tenant
non-compliance if the landlord accepts the rent. There are also cases on
waiver in the non-residential setting, but I do not have them handy. As a
disclaimer, judges have been known to disagree with me. Therefore, you
should not cite "Chuck" as authority for this.
In order not to waive the default and to preserve the money, my
recommendation is to file a Motion To Determine Rent and To Require Deposit
of Rent, have the court determine the amount of past due rent and monthly
accrual, just like a payment default case, and have the tenant deposit the
rent into the registry of the court.
I hope that helps.
Chuck
This e-mail message and all attachments transmitted with it may contain
legally privileged and confidential information intended solely for the use
of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any reading, dissemination,
distribution, copying, or other use of this message or its attachments is
strictly prohibited. If you have received this message in error, please
notify the sender immediately by telephone (850-433-6581) or by electronic
mail (choskin@esclaw.com) and then delete this message and all copies and
backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Tuesday, March 02, 2010 4:08 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation, other than
non-payment of rent, and accepted rent while the case was pending? I have a
situation where the case has dragged on for more than 6 months without the
rent being paid. It is subsidized housing so the amount is small but we
want the rent from the tenant, who is willing to pay. But if we accept rent
will that waive our issue with the lease non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
the IRS, we inform you that any tax advice contained in this communication
is not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding penalties imposed under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed in this communication or in any attachment.
The information contained in this message is privileged and confidential.
It is intended only for the use of the addressee named above. If the reader
of this message is not the intended recipient, you are notified that any
dissemination, distribution, or copying of this message is strictly
prohibited. If you have received this message in error, please notify the
sender by reply email and destroy and delete this message. Thank you for
your cooperation.
I follow the same procedure and it works every time. In fact, you can even file a Motion for Default for failure to deposit per the statute and can often get the FJ without a hearing.
Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.
--- On Wed, 3/3/10, harry@evict.com harry@evict.com wrote:
From: harry@evict.com harry@evict.com
Subject: Re: [RPPTL LandTen] residential eviction question
To: "'RPPTL Landlord Tenant Committee'" landten@lists.flabarrpptl.org
Date: Wednesday, March 3, 2010, 10:22 AM
We file a Motion for Default for Failure to Post Rent into the Court Registry immediately when the tenant files an answer and if we do not get our default (which we get about 90% of the time) we immediately set it for trial.
The minute the tenant open his/her mouth in court, we object and tell the judge it is improper to proceed without money placed in court registry. This usually results in the judge asking the tenant if they have the money, the tenant says no, and we are out the door with a FJ.
We file thousands of these motions each year.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Chuck Hoskin
Sent: Wednesday, March 03, 2010 9:53 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
Gale:
In my opinion, 83.60(2) requires the tenant to deposit the rent into the registry of the court for all breaches of the lease, not just non-payment of rent. Also, in my opinion, 83.56(5) provides for a waiver of all tenant non-compliance if the landlord accepts the rent. There are also cases on waiver in the non-residential setting, but I do not have them handy. As a disclaimer, judges have been known to disagree with me. Therefore, you should not cite "Chuck" as authority for this.
In order not to waive the default and to preserve the money, my recommendation is to file a Motion To Determine Rent and To Require Deposit of Rent, have the court determine the amount of past due rent and monthly accrual, just like a payment default case, and have the tenant deposit the rent into the registry of the court.
I hope that helps.
Chuck
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Tuesday, March 02, 2010 4:08 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation, other than non-payment of rent, and accepted rent while the case was pending? I have a situation where the case has dragged on for more than 6 months without the rent being paid. It is subsidized housing so the amount is small but we want the rent from the tenant, who is willing to pay. But if we accept rent will that waive our issue with the lease non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or in any attachment.
The information contained in this message is privileged and confidential. It is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have received this message in error, please notify the sender by reply email and destroy and delete this message. Thank you for your cooperation.
-----Inline Attachment Follows-----
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I am hoping someone can provide me with some quick guidance. I freely
admit that I don't do any residential lease work and am not that
familiar with the Residential LL/T Act.
Facts- A tenant signed a residential lease. A couple of months into
the lease, someone (presumably a stranger) broke into the apartment and
ended up shooting the tenant. The tenant now in the hospital with
serious injuries.
I've been asked whether the tenant has any grounds on which to get out
of his lease. I haven't seen the lease, but I doubt it would provide
the tenant any clear remedy in this case. And clearly there are a bunch
of missing facts. I'm really just trying to get a sense for the
potential arguments-- statutory or otherwise-- that might be out there,
if any. Thanks in advance for any thoughts you may be able to provide.
Scott
http://www.hwhlaw.com/hwh-logo.gif
Scott W. Dibbs
Hill Ward Henderson
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, FL 33602
http://www.hwhlaw.com http://www.hwhlaw.com/
Main: 813-221-3900
Fax: 813-221-2900
Direct: 813-227-8464
sdibbs@hwhlaw.com
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As a tenant advocate, I would label this as security negligence and send to
the landlord a 7-day notice under § 83.56(1), Fla. Stat. demanding that the
landlord take adequate measures to correct the security defect commensurate
with the (now) known risk.
You should look at the security negligence cases. The landlord may (or may
not) have liability to the tenant in money damages under the established
tort law in Florida.
Marty
C. Martin (Marty) Lawyer, III
BAY AREA LEGAL SERVICES, INC.
829 West M. L. King Blvd., Suite # 200
Tampa, FL 33603-3336
(813) 232-1222, Ext. 109
FAX: 232-1403
PRESERVING INDEPENDENCE, HOPE, AND DIGNITY
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott W. Dibbs
Sent: Wednesday, 03 March 2010 11:54
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Residential lease question
I am hoping someone can provide me with some quick guidance. I freely admit
that I don't do any residential lease work and am not that familiar with the
Residential LL/T Act.
Facts- A tenant signed a residential lease. A couple of months into the
lease, someone (presumably a stranger) broke into the apartment and ended up
shooting the tenant. The tenant now in the hospital with serious injuries.
I've been asked whether the tenant has any grounds on which to get out of
his lease. I haven't seen the lease, but I doubt it would provide the
tenant any clear remedy in this case. And clearly there are a bunch of
missing facts. I'm really just trying to get a sense for the potential
arguments-- statutory or otherwise-- that might be out there, if any.
Thanks in advance for any thoughts you may be able to provide.
Scott
http://www.hwhlaw.com/hwh-logo.gif
Scott W. Dibbs
Hill Ward Henderson
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, FL 33602
http://www.hwhlaw.com/ http://www.hwhlaw.com
Main: 813-221-3900
Fax: 813-221-2900
Direct: 813-227-8464
sdibbs@hwhlaw.com
CONFIDENTIALITY NOTE: The information contained in this transmission may be
privileged and confidential information, and 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 transmission in error, please immediately reply to the
sender that you have received this communication in error and then delete
it. Thank you.
CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS
regulations, we are required to advise you that, unless expressly stated
otherwise, any U.S. federal tax advice contained in this transmittal, is not
intended or written to be used, and cannot be used, by any person for the
purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or
(ii) promoting, marketing or recommending to another party any transaction
or matter addressed in this e-mail or attachment.