[RPPTL LandTen] residential eviction question
Absent an agreement by the Landlord to provide security or Landlord's knowledge of a dangerous condition, i.e. the neighborhood, the random act of a criminal should not be grounds for terminating the contract between L and T.
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:image001.png@01CABACD.85C3E3B0]
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott W. Dibbs
Sent: Wednesday, March 03, 2010 11:54 AM
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.comhttp://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.
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An agreement to provide security or the landlord's knowledge of a dangerous condition are not required. Landlords are obligated to keep the premises (or at least the common areas) safe under 83.51.
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Wednesday, March 03, 2010 12:32 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Residential lease question
Absent an agreement by the Landlord to provide security or Landlord's knowledge of a dangerous condition, i.e. the neighborhood, the random act of a criminal should not be grounds for terminating the contract between L and T.
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:image001.png@01CABACF.9E6387C0]
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott W. Dibbs
Sent: Wednesday, March 03, 2010 11:54 AM
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.comhttp://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.
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.
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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 law does not provide the tenant a way to get out but when put in front
of a judge, it is always a gamble. I always recommend to my clients to just
let them go even though most likely they brought on the shooting themselves.
Most of these cases are drug related and robbery issues so we are not
dealing with a good person. If you try to stick it to the person, they will
leave anyway and if they don't the other residents in the building will have
some grounds to leave as this can happen again and endanger them.
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
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott W. Dibbs
Sent: Wednesday, March 03, 2010 11:54 AM
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
Image removed by sender.
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.
I agree that the appropriate course is to file a motion either to determine
rent or for immediate default. However in this case the tenant filed the
motion to determine rent and the judge ranted and raved that the case wasn't
about rent and refused to hear it. The final hrg is set for end of April
(delay is due to my client). But the initial delay was the judge's b/c they
insist on setting their own hearings and they screwed up. Now its been 6
months without rent.
Harry, how do you file a motion for immediate default if the rent was
current when you filed the suit for a lease violation and then we refused
the rent b/c of 83.56(5)? That's my dilemma.
Thanks everyone for your input.
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)
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The information contained in this message is privileged and confidential.
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
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
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--- 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: http://www.evict.com/ www.evict.com
Email: http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com
harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
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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
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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)
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The information contained in this message is privileged and confidential.
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Refusing the rent is proper BUT they still owe the rent and must pay it into
the registry as it becomes due.
Often what we do if we are getting near the end of a month and rent has been
posted or more has become due, we hit them with a Motion for Default for
Failure to Post Accrued Rent into The Court Registry. We do this in 7 Day
and 3 Day cases.
It is good to cite and spell out the law in your motion.
Some judges think incorrectly that on 7 Day cases since it is not about rent
you do not have to post but you need to keep reminding the judge through the
motions.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Wednesday, March 03, 2010 2:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the appropriate course is to file a motion either to determine
rent or for immediate default. However in this case the tenant filed the
motion to determine rent and the judge ranted and raved that the case wasn't
about rent and refused to hear it. The final hrg is set for end of April
(delay is due to my client). But the initial delay was the judge's b/c they
insist on setting their own hearings and they screwed up. Now its been 6
months without rent.
Harry, how do you file a motion for immediate default if the rent was
current when you filed the suit for a lease violation and then we refused
the rent b/c of 83.56(5)? That's my dilemma.
Thanks everyone for your input.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
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: http://www.evict.com/ www.evict.com
Email: http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com
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-----
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http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org
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http://mailman.fsr.com/mailman/listinfo/landten
Gale is right. This email stream turned into a case for failure to pay
rent but the initial question was what to do with a partial rent payment
during the pendency of an action to terminate the lease for a
non-monetary default. My advice would be to deposit the money into the
court registry (if possible without an order), serve the tenant with the
statutory notice to pay rent or deliver possession followed by a motion
to amend the complaint to add a count for possession for failure to pay
rent. Unless the landlord absolutely needs the partial payment, I would
send it back along with the 3-day notice to pay rent.
Another alternative is to aggressively pursue the original action and
notice it for non-jury trial.
As for Scott's question on the landlord liability issue, I've attached
some cases and treatise materials, which may or may not be directly on
point but may help in your search for an answer.
Good luck to both of you.
Regards,
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/
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
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Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the preceding message
contains advice relating to a Federal tax issue, unless expressly stated
otherwise the advice is not intended or written to be used, and it
cannot be used by the recipient or any other taxpayer, for the purpose
of avoiding Federal tax penalties, and was not written to support the
promotion or marketing of any transaction or matter discussed herein.
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
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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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale
Silbermann
Sent: Wednesday, March 03, 2010 2:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the appropriate course is to file a motion either to
determine rent or for immediate default. However in this case the
tenant filed the motion to determine rent and the judge ranted and raved
that the case wasn't about rent and refused to hear it. The final hrg
is set for end of April (delay is due to my client). But the initial
delay was the judge's b/c they insist on setting their own hearings and
they screwed up. Now its been 6 months without rent.
Harry, how do you file a motion for immediate default if the rent was
current when you filed the suit for a lease violation and then we
refused the rent b/c of 83.56(5)? That's my dilemma.
Thanks everyone for your input.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
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 http://www.evict.com/
Email: harry@evict.com
http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
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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://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.
org>
http://mailman.fsr.com/mailman/listinfo/landten
http://mailman.fsr.com/mailman/listinfo/landten
The money need to be refused. Anthony, with all due respect , you are
incorrect. :-)
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, March 04, 2010 9:11 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
Gale is right. This email stream turned into a case for failure to pay rent
but the initial question was what to do with a partial rent payment during
the pendency of an action to terminate the lease for a non-monetary default.
My advice would be to deposit the money into the court registry (if possible
without an order), serve the tenant with the statutory notice to pay rent or
deliver possession followed by a motion to amend the complaint to add a
count for possession for failure to pay rent. Unless the landlord
absolutely needs the partial payment, I would send it back along with the
3-day notice to pay rent.
Another alternative is to aggressively pursue the original action and notice
it for non-jury trial.
As for Scott's question on the landlord liability issue, I've attached some
cases and treatise materials, which may or may not be directly on point but
may help in your search for an answer.
Good luck to both of you.
Regards,
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: mailto:ahorky@mbhlawyer.com ahorky@mbhlawyer.com
Website: www.mbhlawyer.com http://www.mbhlawyer.com/
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
email transmission is privileged and confidential. If you are not the
intended recipient, nor the employee or agent responsible for delivering it
to the intended recipient, you are hereby notified that any dissemination or
copying of this transmission (including any attachments) is strictly
prohibited. If you have received this email in error, please notify the
sender by email reply. Thank you.
Internal Revenue Service regulations require that certain types of written
advice include a disclaimer. To the extent the preceding message contains
advice relating to a Federal tax issue, unless expressly stated otherwise
the advice is not intended or written to be used, and it cannot be used by
the recipient or any other taxpayer, for the purpose of avoiding Federal tax
penalties, and was not written to support the promotion or marketing of any
transaction or matter discussed herein.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Wednesday, March 03, 2010 2:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the appropriate course is to file a motion either to determine
rent or for immediate default. However in this case the tenant filed the
motion to determine rent and the judge ranted and raved that the case wasn't
about rent and refused to hear it. The final hrg is set for end of April
(delay is due to my client). But the initial delay was the judge's b/c they
insist on setting their own hearings and they screwed up. Now its been 6
months without rent.
Harry, how do you file a motion for immediate default if the rent was
current when you filed the suit for a lease violation and then we refused
the rent b/c of 83.56(5)? That's my dilemma.
Thanks everyone for your input.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
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: http://www.evict.com/ www.evict.com
Email: http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com
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
http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
http://mailman.fsr.com/mailman/listinfo/landten
Gale:
In spite of what is appropriate or legally correct, unfortunately some cases just get crossways of the legal system. Up here we call that "snake-bit". In my experience, going back to try and fix a problem like this only compounds the problem and causes further delay. My recommendation is to get to a final hearing as soon as possible and hope you can get the tenant out.
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: Wednesday, March 03, 2010 1:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the appropriate course is to file a motion either to determine rent or for immediate default. However in this case the tenant filed the motion to determine rent and the judge ranted and raved that the case wasn't about rent and refused to hear it. The final hrg is set for end of April (delay is due to my client). But the initial delay was the judge's b/c they insist on setting their own hearings and they screwed up. Now its been 6 months without rent.
Harry, how do you file a motion for immediate default if the rent was current when you filed the suit for a lease violation and then we refused the rent b/c of 83.56(5)? That's my dilemma.
Thanks everyone for your input.
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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
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.comhttp://www.evict.com/
Email: harry@evict.comhttp://us.mc578.mail.yahoo.com/mc/compose?to=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.orghttp://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I agree that the money cannot be kept by the landlord, but my thought
was perhaps it can be deposited into the registry. However, in thinking
about it more, I would follow plan two and return the check to the
tenant along with a 3-day notice to get the ball rolling on the monetary
breach of the lease issue.
Regards,
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/
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
email transmission is privileged and confidential. If you are not the
intended recipient, nor the employee or agent responsible for delivering
it to the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including any
attachments) is strictly prohibited. If you have received this email in
error, please notify the sender by email reply. Thank you.
Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the preceding message
contains advice relating to a Federal tax issue, unless expressly stated
otherwise the advice is not intended or written to be used, and it
cannot be used by the recipient or any other taxpayer, for the purpose
of avoiding Federal tax penalties, and was not written to support the
promotion or marketing of any transaction or matter discussed herein.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
harry@evict.com
Sent: Thursday, March 04, 2010 9:37 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
The money need to be refused. Anthony, with all due respect , you are
incorrect. :-)
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 mailto: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 Anthony J.
Horky
Sent: Thursday, March 04, 2010 9:11 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
Gale is right. This email stream turned into a case for failure to pay
rent but the initial question was what to do with a partial rent payment
during the pendency of an action to terminate the lease for a
non-monetary default. My advice would be to deposit the money into the
court registry (if possible without an order), serve the tenant with the
statutory notice to pay rent or deliver possession followed by a motion
to amend the complaint to add a count for possession for failure to pay
rent. Unless the landlord absolutely needs the partial payment, I would
send it back along with the 3-day notice to pay rent.
Another alternative is to aggressively pursue the original action and
notice it for non-jury trial.
As for Scott's question on the landlord liability issue, I've attached
some cases and treatise materials, which may or may not be directly on
point but may help in your search for an answer.
Good luck to both of you.
Regards,
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 http://www.mbhlawyer.com/
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
email transmission is privileged and confidential. If you are not the
intended recipient, nor the employee or agent responsible for delivering
it to the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including any
attachments) is strictly prohibited. If you have received this email in
error, please notify the sender by email reply. Thank you.
Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the preceding message
contains advice relating to a Federal tax issue, unless expressly stated
otherwise the advice is not intended or written to be used, and it
cannot be used by the recipient or any other taxpayer, for the purpose
of avoiding Federal tax penalties, and was not written to support the
promotion or marketing of any transaction or matter discussed herein.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale
Silbermann
Sent: Wednesday, March 03, 2010 2:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the appropriate course is to file a motion either to
determine rent or for immediate default. However in this case the
tenant filed the motion to determine rent and the judge ranted and raved
that the case wasn't about rent and refused to hear it. The final hrg
is set for end of April (delay is due to my client). But the initial
delay was the judge's b/c they insist on setting their own hearings and
they screwed up. Now its been 6 months without rent.
Harry, how do you file a motion for immediate default if the rent was
current when you filed the suit for a lease violation and then we
refused the rent b/c of 83.56(5)? That's my dilemma.
Thanks everyone for your input.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
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 http://www.evict.com/
Email: harry@evict.com
http://us.mc578.mail.yahoo.com/mc/compose?to=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://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.
org>
http://mailman.fsr.com/mailman/listinfo/landten
http://mailman.fsr.com/mailman/listinfo/landten
Hi Anthony,
Here is the problem. When you file a 7 Day Case, you are terminating the
tenancy. You really cannot then file on a 3 day on a terminated tenancy.
All you can do is argue to the court that the money is still owed and must
be placed into the registry and hope the judge will buy this argument and
order the money paid into the registry or default the tenant which in the
vast majority of cases, the judge will do this.
I really would not recommend filing an eviction on top of any eviction. It
would really become a mess. Separate judges, motions to consolidate, delays,
etc.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com 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 Anthony J. Horky
Sent: Thursday, March 04, 2010 10:30 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the money cannot be kept by the landlord, but my thought was
perhaps it can be deposited into the registry. However, in thinking about
it more, I would follow plan two and return the check to the tenant along
with a 3-day notice to get the ball rolling on the monetary breach of the
lease issue.
Regards,
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: mailto:ahorky@mbhlawyer.com ahorky@mbhlawyer.com
Website: www.mbhlawyer.com http://www.mbhlawyer.com/
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
email transmission is privileged and confidential. If you are not the
intended recipient, nor the employee or agent responsible for delivering it
to the intended recipient, you are hereby notified that any dissemination or
copying of this transmission (including any attachments) is strictly
prohibited. If you have received this email in error, please notify the
sender by email reply. Thank you.
Internal Revenue Service regulations require that certain types of written
advice include a disclaimer. To the extent the preceding message contains
advice relating to a Federal tax issue, unless expressly stated otherwise
the advice is not intended or written to be used, and it cannot be used by
the recipient or any other taxpayer, for the purpose of avoiding Federal tax
penalties, and was not written to support the promotion or marketing of any
transaction or matter discussed herein.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Thursday, March 04, 2010 9:37 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
The money need to be refused. Anthony, with all due respect , you are
incorrect. :-)
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com 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 Anthony J. Horky
Sent: Thursday, March 04, 2010 9:11 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
Gale is right. This email stream turned into a case for failure to pay rent
but the initial question was what to do with a partial rent payment during
the pendency of an action to terminate the lease for a non-monetary default.
My advice would be to deposit the money into the court registry (if possible
without an order), serve the tenant with the statutory notice to pay rent or
deliver possession followed by a motion to amend the complaint to add a
count for possession for failure to pay rent. Unless the landlord
absolutely needs the partial payment, I would send it back along with the
3-day notice to pay rent.
Another alternative is to aggressively pursue the original action and notice
it for non-jury trial.
As for Scott's question on the landlord liability issue, I've attached some
cases and treatise materials, which may or may not be directly on point but
may help in your search for an answer.
Good luck to both of you.
Regards,
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 http://www.mbhlawyer.com/
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
email transmission is privileged and confidential. If you are not the
intended recipient, nor the employee or agent responsible for delivering it
to the intended recipient, you are hereby notified that any dissemination or
copying of this transmission (including any attachments) is strictly
prohibited. If you have received this email in error, please notify the
sender by email reply. Thank you.
Internal Revenue Service regulations require that certain types of written
advice include a disclaimer. To the extent the preceding message contains
advice relating to a Federal tax issue, unless expressly stated otherwise
the advice is not intended or written to be used, and it cannot be used by
the recipient or any other taxpayer, for the purpose of avoiding Federal tax
penalties, and was not written to support the promotion or marketing of any
transaction or matter discussed herein.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Wednesday, March 03, 2010 2:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the appropriate course is to file a motion either to determine
rent or for immediate default. However in this case the tenant filed the
motion to determine rent and the judge ranted and raved that the case wasn't
about rent and refused to hear it. The final hrg is set for end of April
(delay is due to my client). But the initial delay was the judge's b/c they
insist on setting their own hearings and they screwed up. Now its been 6
months without rent.
Harry, how do you file a motion for immediate default if the rent was
current when you filed the suit for a lease violation and then we refused
the rent b/c of 83.56(5)? That's my dilemma.
Thanks everyone for your input.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
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: http://www.evict.com/ www.evict.com
Email: http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com
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
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