Empathy List Archives

RR

RPPTL Real Estate Leasing Committee

Thu, Sep 30, 2021 2:13 PM

PLEASE BELOW FROM MR. GELFAND:

Thank you to Committee members and yourself for the swift response. The responses were helpful for a call I just completed for the Pandemic Task Force co-chairs to present to their Task Force meeting this afternoon.

Taking the comments to heart, especially the concerns over further delay and expense, and the Court’s great concern over the ability to efficiently, including not sacrificing doing so effectively, handle evictions there is a willingness, a great desire, to consider the comments and refine the recommendations.

Hearing the comments, one consideration is to propose that if the parties are present at the time of the final hearing, to hold a mediation immediately at that time, before being called to the bench for the final hearing.

If there is a desire to resolve short of a writ of possession, this would be an excellent time to do so. This would not delay the expedited nature of the procedure, assuming that the courts are able to otherwise schedule, and would not entail a second appearance.

As benefits to all, Courts and parties, this would move negotiations from in front of the judge where they frequently have occurred but should not, and courts will in the future not have time to handle these negotiations, and move negotiations to a mediator, freeing up the Court to hear and rule on the next cases, avoiding delays for everyone waiting in line. If quick possession is sought, this allows the parties to negotiate terms. Similarly, if the parties would be willing to continue occupancy, but need to address back rent, assuming they are willing to do so to stay/allow possession, then this allows that effort.

Preserves the expedited nature, no additional court day or delay, and for those cases where there is not a no show by a party, allows them to communicate, especially as so many parties, landlords and tenants, do not necessarily communicate well with each other.

Thoughts by Wednesday noon would be appreciated. This seems to be a win solution for call taking into account the comments.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 11:23 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

I agree with Amanda, this is a solution searching for a problem.

It has been my experience over the last too many years, that if rent is in the registry you are likely going to mediation. Point #5 narrows mediation to cases where the tenant has not been defaulted pursuant to 83.60, just as it is now. Otherwise, this mediation program would require amending legislation.

Albert

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org> wrote:
I agree with Amanda. She hit the nail right on the head. I believe mediation will cause more problems for landlords than it would solve and give tenants who are inclined, another arrow in their quiver to live rent free. As written this proposal doesn't clearly define the problem it is trying to solve. Arlene

On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org> wrote:
I agree that commercial evictions should not be included.

Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it’s a false equivalent to equate evictions to foreclosures.

Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren’t responding to an actual crisis, this seems like a solution in search of a problem.

[Logo Description automatically generated]

[Text Description automatically generated with low confidence]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
Main: (941) 556-9030
Fax: (941) 312-5316
akison@bgk.law mailto:akison@bgk.law
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
www.bgk.law http://www.bgk.law/

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

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 2:18 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

On page 3, 5. a. provides as follows:

“5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications:
a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;”

It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies.

Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.net mailto:jtaplin@taplinlaw.net

This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to 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 immediately notify us by telephone and return the original message to us at the listed email address. Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow

Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.

Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law

Sajdera, PA

Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052

Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981

Email: cas@saj-law.com mailto:cas@saj-law.com

This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.

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

PLEASE BELOW FROM MR. GELFAND: Thank you to Committee members and yourself for the swift response. The responses were helpful for a call I just completed for the Pandemic Task Force co-chairs to present to their Task Force meeting this afternoon. Taking the comments to heart, especially the concerns over further delay and expense, and the Court’s great concern over the ability to efficiently, including not sacrificing doing so effectively, handle evictions there is a willingness, a great desire, to consider the comments and refine the recommendations. Hearing the comments, one consideration is to propose that if the parties are present at the time of the final hearing, to hold a mediation immediately at that time, before being called to the bench for the final hearing. If there is a desire to resolve short of a writ of possession, this would be an excellent time to do so. This would not delay the expedited nature of the procedure, assuming that the courts are able to otherwise schedule, and would not entail a second appearance. As benefits to all, Courts and parties, this would move negotiations from in front of the judge where they frequently have occurred but should not, and courts will in the future not have time to handle these negotiations, and move negotiations to a mediator, freeing up the Court to hear and rule on the next cases, avoiding delays for everyone waiting in line. If quick possession is sought, this allows the parties to negotiate terms. Similarly, if the parties would be willing to continue occupancy, but need to address back rent, assuming they are willing to do so to stay/allow possession, then this allows that effort. Preserves the expedited nature, no additional court day or delay, and for those cases where there is not a no show by a party, allows them to communicate, especially as so many parties, landlords and tenants, do not necessarily communicate well with each other. Thoughts by Wednesday noon would be appreciated. This seems to be a win solution for call taking into account the comments. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 11:23 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com> Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow I agree with Amanda, this is a solution searching for a problem. It has been my experience over the last too many years, that if rent is in the registry you are likely going to mediation. Point #5 narrows mediation to cases where the tenant has not been defaulted pursuant to 83.60, just as it is now. Otherwise, this mediation program would require amending legislation. Albert Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote: I agree with Amanda. She hit the nail right on the head. I believe mediation will cause more problems for landlords than it would solve and give tenants who are inclined, another arrow in their quiver to live rent free. As written this proposal doesn't clearly define the problem it is trying to solve. Arlene On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote: I agree that commercial evictions should not be included. Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it’s a false equivalent to equate evictions to foreclosures. Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren’t responding to an actual crisis, this seems like a solution in search of a problem. [Logo Description automatically generated] [Text Description automatically generated with low confidence] Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Goodrich Kison, P.A. Main: (941) 556-9030 Fax: (941) 312-5316 akison@bgk.law<mailto:akison@bgk.law> 783 South Orange Ave. Third Floor Sarasota, Florida 34236 www.bgk.law<http://www.bgk.law/> [Title: Facebook - Description: Facebook icon]<http://www.facebook.com/bgk.law> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 2:18 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow On page 3, 5. a. provides as follows: “5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications: a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;” It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies. Jay A. Taplin Florida Bar Board Certified Real Estate Law Taplin & Associates Suite 1510 1555 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401 (561) 684-8399 (ph) (561) 471-8055 (fax) jtaplin@taplinlaw.net<mailto:jtaplin@taplinlaw.net> This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to 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 immediately notify us by telephone and return the original message to us at the listed email address. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 1:36 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: [RPPTL Leasing Committee] comments by 9am tomorrow Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow. Christopher A. Sajdera, Esquire Board Certified Specialist, Condominium and Planned Development Law Sajdera, PA Palm Beach Office: 200 East Palmetto Park Road, Suite 103 Boca Raton, Florida 33432 Direct: 561-910-3082 Phone: 561-948-4000 Facsimile: 561-948-6052 Broward Office: 2005 W. Cypress Creek Rd., Suite 203 Ft. Lauderdale, FL 33309 Phone: 954-869-0980 Facsimile: 954-869-0981 Email: cas@saj-law.com<mailto:cas@saj-law.com> This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

RR

RPPTL Real Estate Leasing Committee

Thu, Sep 30, 2021 3:17 PM

I rarely have hearings since usually the tenants do not post the money in
the registry and the default is automatic. I am
Concerned that putting in mediation requirements of any kind in any
circumstances will encourage and expand the number of judges who will not
auto enter the judgments per the statute when there are no payments. Those
cases seem to be happening more and more as it is.

Deborah Marks

On Thu, Sep 30, 2021 at 10:36 AM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:

PLEASE BELOW FROM MR. GELFAND:

Thank you to Committee members and yourself for the swift response. The
responses were helpful for a call I just completed for the Pandemic Task
Force co-chairs to present to their Task Force meeting this afternoon.

Taking the comments to heart, especially the concerns over further delay
and expense, and the Court’s great concern over the ability to efficiently,
including not sacrificing doing so effectively, handle evictions there is a
willingness, a great desire, to consider the comments and refine the
recommendations.

Hearing the comments, one consideration is to propose that if the parties
are present at the time of the final hearing, to hold a mediation
immediately at that time, before being called to the bench for the final
hearing.

If there is a desire to resolve short of a writ of possession, this would
be an excellent time to do so. This would not delay the expedited nature
of the procedure, assuming that the courts are able to otherwise schedule,
and would not entail a second appearance.

As benefits to all, Courts and parties, this would move negotiations from
in front of the judge where they frequently have occurred but should not,
and courts will in the future not have time to handle these negotiations,
and move negotiations to a mediator, freeing up the Court to hear and rule
on the next cases, avoiding delays for everyone waiting in line. If quick
possession is sought, this allows the parties to negotiate terms.
Similarly, if the parties would be willing to continue occupancy, but need
to address back rent, assuming they are willing to do so to stay/allow
possession, then this allows that effort.

Preserves the expedited nature, no additional court day or delay, and for
those cases where there is not a no show by a party, allows them to
communicate, especially as so many parties, landlords and tenants, do not
necessarily communicate well with each other.

Thoughts by Wednesday noon would be appreciated. This seems to be a win
solution for call taking into account the comments.

From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Sunday, September 26, 2021 11:23 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand <
mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

I agree with Amanda, this is a solution searching for a problem.

It has been my experience over the last too many years, that if rent is in
the registry you are likely going to mediation. Point #5 narrows mediation
to cases where the tenant has not been defaulted pursuant to 83.60, just as
it is now. Otherwise, this mediation program would require amending
legislation.

Albert

Alberto M. Cardet, Esq.

Cardet Law, P.A.

PO Box 830746

Miami FL 33283

305-403-7783

On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:

I agree with Amanda. She hit the nail right on the head. I believe
mediation will cause more problems for landlords than it would solve and
give tenants who are inclined, another arrow in their quiver to live rent
free. As written this proposal doesn't clearly define the problem it is
trying to solve. Arlene

On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:

I agree that commercial evictions should not be included.

Practically, I think this is unnecessary and further burdens the
mom-and-pop landlords who financially cannot afford to maintain a tenant
who is not paying rent. I also think it’s a false equivalent to equate
evictions to foreclosures.

Is it really the general consensus that we are going to see a major influx
of residential evictions? If we aren’t responding to an actual crisis, this
seems like a solution in search of a problem.

[image: Logo Description automatically generated]

[image: Text Description automatically generated with low confidence]

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Goodrich Kison, P.A.

Main: (941) 556-9030

Fax: (941) 312-5316

akison@bgk.law akison@bgk.law

783 South Orange Ave
https://www.google.com/maps/search/783+South+Orange+Ave?entry=gmail&source=g
.

Third Floor

Sarasota, Florida 34236

www.bgk.law http://www.bgk.law/

[image: Title: Facebook - Description: Facebook icon]
http://www.facebook.com/bgk.law

From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Sunday, September 26, 2021 2:18 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand <
mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

On page 3, 5. a. provides as follows:

“5. If implemented, considering whether narrowing mediation
availability would be appropriate based on one or more of the following
qualifications:

a. Residential tenancies, without precluding use in commercial
tenancies, the procedures of which are adapted to balance the interests of
the parties;”

It does not appear reasonable that commercial tenancies in Florida be
subject to Statewide Managed Mediation Program, for among other reasons, I
believe that the eviction ban in Florida did not apply to commercial
tenancies.

Jay A. Taplin

Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
https://www.google.com/maps/search/1555+Palm+Beach+Lakes+Boulevard+%0D%0AWest+Palm+Beach,+Florida+33401?entry=gmail&source=g
West Palm Beach, Florida 33401
https://www.google.com/maps/search/1555+Palm+Beach+Lakes+Boulevard+%0D%0AWest+Palm+Beach,+Florida+33401?entry=gmail&source=g
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.net

This email is intended solely for the use of the individual to whom it is
addressed and may contain information that is privileged, confidential or
otherwise exempt from dislosure under applicable law. If the reader of
this email is not the intended recipient or the employee or agent
responsible for delivering the message to 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 immediately notify us by telephone and
return the original message to us at the listed email address. Thank you.

From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand <
mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow

Please review and comment on the attached, along with practical issues.
Please respond by 9am tomorrow.

Christopher A. Sajdera, Esquire

https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g

Board Certified Specialist, Condominium and Planned Development Law

Sajdera, PA

Palm Beach Office:

200 East Palmetto Park Road, Suite 103
https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g

Boca Raton, Florida 33432
https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g

https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g

Direct: 561-910-3082

Phone: 561-948-4000

Facsimile: 561-948-6052

Broward Office:

2005 W. Cypress Creek Rd., Suite 203
https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g

Ft. Lauderdale, FL 33309
https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g

Phone: 954-869-0980

Facsimile: 954-869-0981

Email: cas@saj-law.com

This e-mail, and any attachments thereto, are intended only for use by the
addressee(s) named herein and may contain legally privileged and/or
confidential information. If you are not the intended recipient of this
e-mail, you are hereby notified that any dissemination, distribution or
copying of this e-mail and any attachments thereto, is strictly prohibited
and you must delete it without reading it.

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

--
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.com
deborah@deborahmarks.law
synergy928@aol.com

I rarely have hearings since usually the tenants do not post the money in the registry and the default is automatic. I am Concerned that putting in mediation requirements of any kind in any circumstances will encourage and expand the number of judges who will not auto enter the judgments per the statute when there are no payments. Those cases seem to be happening more and more as it is. Deborah Marks On Thu, Sep 30, 2021 at 10:36 AM RPPTL Real Estate Leasing Committee < landten@lists.flabarrpptl.org> wrote: > PLEASE BELOW FROM MR. GELFAND: > > > > Thank you to Committee members and yourself for the swift response. The > responses were helpful for a call I just completed for the Pandemic Task > Force co-chairs to present to their Task Force meeting this afternoon. > > > > Taking the comments to heart, especially the concerns over further delay > and expense, and the Court’s great concern over the ability to efficiently, > including not sacrificing doing so effectively, handle evictions there is a > willingness, a great desire, to consider the comments and refine the > recommendations. > > > > Hearing the comments, one consideration is to propose that if the parties > are present at the time of the final hearing, to hold a mediation > immediately at that time, before being called to the bench for the final > hearing. > > > > If there is a desire to resolve short of a writ of possession, this would > be an excellent time to do so. This would not delay the expedited nature > of the procedure, assuming that the courts are able to otherwise schedule, > and would not entail a second appearance. > > > > As benefits to all, Courts and parties, this would move negotiations from > in front of the judge where they frequently have occurred but should not, > and courts will in the future not have time to handle these negotiations, > and move negotiations to a mediator, freeing up the Court to hear and rule > on the next cases, avoiding delays for everyone waiting in line. If quick > possession is sought, this allows the parties to negotiate terms. > Similarly, if the parties would be willing to continue occupancy, but need > to address back rent, assuming they are willing to do so to stay/allow > possession, then this allows that effort. > > > > Preserves the expedited nature, no additional court day or delay, and for > those cases where there is not a no show by a party, allows them to > communicate, especially as so many parties, landlords and tenants, do not > necessarily communicate well with each other. > > > > Thoughts by Wednesday noon would be appreciated. This seems to be a win > solution for call taking into account the comments. > > > > > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate > Leasing Committee > *Sent:* Sunday, September 26, 2021 11:23 PM > *To:* RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> > *Cc:* Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand < > mjgelfand@gelfandarpe.com> > *Subject:* Re: [RPPTL Leasing Committee] comments by 9am tomorrow > > > > I agree with Amanda, this is a solution searching for a problem. > > > > It has been my experience over the last too many years, that if rent is in > the registry you are likely going to mediation. Point #5 narrows mediation > to cases where the tenant has not been defaulted pursuant to 83.60, just as > it is now. Otherwise, this mediation program would require amending > legislation. > > > > Albert > > > Alberto M. Cardet, Esq. > > Cardet Law, P.A. > > PO Box 830746 > > Miami FL 33283 > > 305-403-7783 > > > > > > On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee < > landten@lists.flabarrpptl.org> wrote: > > I agree with Amanda. She hit the nail right on the head. I believe > mediation will cause more problems for landlords than it would solve and > give tenants who are inclined, another arrow in their quiver to live rent > free. As written this proposal doesn't clearly define the problem it is > trying to solve. Arlene > > > > On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee < > landten@lists.flabarrpptl.org> wrote: > > I agree that commercial evictions should not be included. > > > > Practically, I think this is unnecessary and further burdens the > mom-and-pop landlords who financially cannot afford to maintain a tenant > who is not paying rent. I also think it’s a false equivalent to equate > evictions to foreclosures. > > > > Is it really the general consensus that we are going to see a major influx > of residential evictions? If we aren’t responding to an actual crisis, this > seems like a solution in search of a problem. > > > > > > [image: Logo Description automatically generated] > > > > [image: Text Description automatically generated with low confidence] > > *Amanda R. Kison, Esq.* > > Board Certified Business Litigation > > Bentley Goodrich Kison, P.A. > > Main: (941) 556-9030 > > Fax: (941) 312-5316 > > *akison@bgk.law <akison@bgk.law>* > > 783 South Orange Ave > <https://www.google.com/maps/search/783+South+Orange+Ave?entry=gmail&source=g> > . > > Third Floor > > Sarasota, Florida 34236 > > *www.bgk.law <http://www.bgk.law/>* > > > > [image: Title: Facebook - Description: Facebook icon] > <http://www.facebook.com/bgk.law> > > > > > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate > Leasing Committee > *Sent:* Sunday, September 26, 2021 2:18 PM > *To:* landten@lists.flabarrpptl.org > *Cc:* Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand < > mjgelfand@gelfandarpe.com> > *Subject:* Re: [RPPTL Leasing Committee] comments by 9am tomorrow > > > > On page 3, 5. a. provides as follows: > > > > “5. If implemented, considering whether narrowing mediation > availability would be appropriate based on one or more of the following > qualifications: > > a. Residential tenancies, without precluding use in commercial > tenancies, the procedures of which are adapted to balance the interests of > the parties;” > > > > It does not appear reasonable that commercial tenancies in Florida be > subject to Statewide Managed Mediation Program, for among other reasons, I > believe that the eviction ban in Florida did not apply to commercial > tenancies. > > > > Jay A. Taplin > > Florida Bar Board Certified Real Estate Law > Taplin & Associates > Suite 1510 > 1555 Palm Beach Lakes Boulevard > <https://www.google.com/maps/search/1555+Palm+Beach+Lakes+Boulevard+%0D%0AWest+Palm+Beach,+Florida+33401?entry=gmail&source=g> > West Palm Beach, Florida 33401 > <https://www.google.com/maps/search/1555+Palm+Beach+Lakes+Boulevard+%0D%0AWest+Palm+Beach,+Florida+33401?entry=gmail&source=g> > (561) 684-8399 (ph) > (561) 471-8055 (fax) > jtaplin@taplinlaw.net > > This email is intended solely for the use of the individual to whom it is > addressed and may contain information that is privileged, confidential or > otherwise exempt from dislosure under applicable law. If the reader of > this email is not the intended recipient or the employee or agent > responsible for delivering the message to 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 immediately notify us by telephone and > return the original message to us at the listed email address. Thank you. > > > > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate > Leasing Committee > *Sent:* Sunday, September 26, 2021 1:36 PM > *To:* landten@lists.flabarrpptl.org > *Cc:* Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand < > mjgelfand@gelfandarpe.com> > *Subject:* [RPPTL Leasing Committee] comments by 9am tomorrow > > > > Please review and comment on the attached, along with practical issues. > Please respond by 9am tomorrow. > > > > *Christopher A. Sajdera, Esquire* > > <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g> > > Board Certified Specialist, Condominium and Planned Development Law > > > > Sajdera, PA > > > > *Palm Beach Office*: > > 200 East Palmetto Park Road, Suite 103 > <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g> > > Boca Raton, Florida 33432 > <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g> > > <https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g> > > Direct: 561-910-3082 > > Phone: 561-948-4000 > > Facsimile: 561-948-6052 > > > > *Broward Office*: > > 2005 W. Cypress Creek Rd., Suite 203 > <https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g> > > Ft. Lauderdale, FL 33309 > <https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g> > > Phone: 954-869-0980 > > Facsimile: 954-869-0981 > > > > Email: cas@saj-law.com > > > > This e-mail, and any attachments thereto, are intended only for use by the > addressee(s) named herein and may contain legally privileged and/or > confidential information. If you are not the intended recipient of this > e-mail, you are hereby notified that any dissemination, distribution or > copying of this e-mail and any attachments thereto, is strictly prohibited > and you must delete it without reading it. > > > > > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten -- Deborah Marks, PLLC 18495 S. Dixie Highway Ste 134 Miami, FL 33157 305-372-9400 deborahmarkslaw@gmail.com deborah@deborahmarks.law synergy928@aol.com

RR

RPPTL Real Estate Leasing Committee

Thu, Sep 30, 2021 3:34 PM

Can anyone refer a New York licensed attorney who can assist with state-specific operational requirements of a mixed market and income-qualified rent apartment development?

Thanks, Carol

Carol S. Grondzik, Esq.
Lutz Bobo & Telfair, P.A.
2155 Delta Blvd. Suite 210-B
Tallahassee, FL 32303
Telephone 1-850-521-0890
Toll Free 1-877-521-0890
Facsimile 1-850-5210891

IMPORTANT / CONFIDENTIAL
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, September 30, 2021 10:13 AM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: Re: [RPPTL Leasing Committee] IMMEDIATE COMMENTS REQUESTED

PLEASE BELOW FROM MR. GELFAND:

Thank you to Committee members and yourself for the swift response. The responses were helpful for a call I just completed for the Pandemic Task Force co-chairs to present to their Task Force meeting this afternoon.

Taking the comments to heart, especially the concerns over further delay and expense, and the Court’s great concern over the ability to efficiently, including not sacrificing doing so effectively, handle evictions there is a willingness, a great desire, to consider the comments and refine the recommendations.

Hearing the comments, one consideration is to propose that if the parties are present at the time of the final hearing, to hold a mediation immediately at that time, before being called to the bench for the final hearing.

If there is a desire to resolve short of a writ of possession, this would be an excellent time to do so. This would not delay the expedited nature of the procedure, assuming that the courts are able to otherwise schedule, and would not entail a second appearance.

As benefits to all, Courts and parties, this would move negotiations from in front of the judge where they frequently have occurred but should not, and courts will in the future not have time to handle these negotiations, and move negotiations to a mediator, freeing up the Court to hear and rule on the next cases, avoiding delays for everyone waiting in line. If quick possession is sought, this allows the parties to negotiate terms. Similarly, if the parties would be willing to continue occupancy, but need to address back rent, assuming they are willing to do so to stay/allow possession, then this allows that effort.

Preserves the expedited nature, no additional court day or delay, and for those cases where there is not a no show by a party, allows them to communicate, especially as so many parties, landlords and tenants, do not necessarily communicate well with each other.

Thoughts by Wednesday noon would be appreciated. This seems to be a win solution for call taking into account the comments.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 11:23 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

I agree with Amanda, this is a solution searching for a problem.

It has been my experience over the last too many years, that if rent is in the registry you are likely going to mediation. Point #5 narrows mediation to cases where the tenant has not been defaulted pursuant to 83.60, just as it is now. Otherwise, this mediation program would require amending legislation.

Albert

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org> wrote:
I agree with Amanda. She hit the nail right on the head. I believe mediation will cause more problems for landlords than it would solve and give tenants who are inclined, another arrow in their quiver to live rent free. As written this proposal doesn't clearly define the problem it is trying to solve. Arlene

On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org> wrote:
I agree that commercial evictions should not be included.

Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it’s a false equivalent to equate evictions to foreclosures.

Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren’t responding to an actual crisis, this seems like a solution in search of a problem.

[Logo Description automatically generated]

[Text Description automatically generated with low confidence]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
Main: (941) 556-9030
Fax: (941) 312-5316
akison@bgk.law mailto:akison@bgk.law
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
www.bgk.law https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.bgk.law%2f&c=E,1,aw87EHzKNG64VSVLWdWE1O0tGDfmcwUfFPBXBADN8VuAlH9RD2YI5rUWuP9Vv_0u5wMWV-S7o85C-uxr1yD0pd3TSRwG1bYws02LhA1fH5ll0kBQjkIm&typo=1

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

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 2:18 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

On page 3, 5. a. provides as follows:

“5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications:
a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;”

It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies.

Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.net mailto:jtaplin@taplinlaw.net

This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to 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 immediately notify us by telephone and return the original message to us at the listed email address. Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow

Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.

Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law

Sajdera, PA

Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052

Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981

Email: cas@saj-law.com mailto:cas@saj-law.com

This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.

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Can anyone refer a New York licensed attorney who can assist with state-specific operational requirements of a mixed market and income-qualified rent apartment development? Thanks, Carol Carol S. Grondzik, Esq. Lutz Bobo & Telfair, P.A. 2155 Delta Blvd. Suite 210-B Tallahassee, FL 32303 Telephone 1-850-521-0890 Toll Free 1-877-521-0890 Facsimile 1-850-5210891 IMPORTANT / CONFIDENTIAL This message from LUTZ, BOBO & TELFAIR, P.A. is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to us and then immediately destroy this message. Your cooperation is appreciated. Pursuant to the Fair Debt Collection Practices Act, it is required that we state the following to you: This is a communication from a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, September 30, 2021 10:13 AM To: landten@lists.flabarrpptl.org Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com> Subject: Re: [RPPTL Leasing Committee] IMMEDIATE COMMENTS REQUESTED PLEASE BELOW FROM MR. GELFAND: Thank you to Committee members and yourself for the swift response. The responses were helpful for a call I just completed for the Pandemic Task Force co-chairs to present to their Task Force meeting this afternoon. Taking the comments to heart, especially the concerns over further delay and expense, and the Court’s great concern over the ability to efficiently, including not sacrificing doing so effectively, handle evictions there is a willingness, a great desire, to consider the comments and refine the recommendations. Hearing the comments, one consideration is to propose that if the parties are present at the time of the final hearing, to hold a mediation immediately at that time, before being called to the bench for the final hearing. If there is a desire to resolve short of a writ of possession, this would be an excellent time to do so. This would not delay the expedited nature of the procedure, assuming that the courts are able to otherwise schedule, and would not entail a second appearance. As benefits to all, Courts and parties, this would move negotiations from in front of the judge where they frequently have occurred but should not, and courts will in the future not have time to handle these negotiations, and move negotiations to a mediator, freeing up the Court to hear and rule on the next cases, avoiding delays for everyone waiting in line. If quick possession is sought, this allows the parties to negotiate terms. Similarly, if the parties would be willing to continue occupancy, but need to address back rent, assuming they are willing to do so to stay/allow possession, then this allows that effort. Preserves the expedited nature, no additional court day or delay, and for those cases where there is not a no show by a party, allows them to communicate, especially as so many parties, landlords and tenants, do not necessarily communicate well with each other. Thoughts by Wednesday noon would be appreciated. This seems to be a win solution for call taking into account the comments. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 11:23 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow I agree with Amanda, this is a solution searching for a problem. It has been my experience over the last too many years, that if rent is in the registry you are likely going to mediation. Point #5 narrows mediation to cases where the tenant has not been defaulted pursuant to 83.60, just as it is now. Otherwise, this mediation program would require amending legislation. Albert Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote: I agree with Amanda. She hit the nail right on the head. I believe mediation will cause more problems for landlords than it would solve and give tenants who are inclined, another arrow in their quiver to live rent free. As written this proposal doesn't clearly define the problem it is trying to solve. Arlene On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote: I agree that commercial evictions should not be included. Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it’s a false equivalent to equate evictions to foreclosures. Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren’t responding to an actual crisis, this seems like a solution in search of a problem. [Logo Description automatically generated] [Text Description automatically generated with low confidence] Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Goodrich Kison, P.A. Main: (941) 556-9030 Fax: (941) 312-5316 akison@bgk.law<mailto:akison@bgk.law> 783 South Orange Ave. Third Floor Sarasota, Florida 34236 www.bgk.law<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.bgk.law%2f&c=E,1,aw87EHzKNG64VSVLWdWE1O0tGDfmcwUfFPBXBADN8VuAlH9RD2YI5rUWuP9Vv_0u5wMWV-S7o85C-uxr1yD0pd3TSRwG1bYws02LhA1fH5ll0kBQjkIm&typo=1> [Title: Facebook - Description: Facebook icon]<http://www.facebook.com/bgk.law> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 2:18 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow On page 3, 5. a. provides as follows: “5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications: a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;” It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies. Jay A. Taplin Florida Bar Board Certified Real Estate Law Taplin & Associates Suite 1510 1555 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401 (561) 684-8399 (ph) (561) 471-8055 (fax) jtaplin@taplinlaw.net<mailto:jtaplin@taplinlaw.net> This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to 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 immediately notify us by telephone and return the original message to us at the listed email address. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 1:36 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: [RPPTL Leasing Committee] comments by 9am tomorrow Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow. Christopher A. Sajdera, Esquire Board Certified Specialist, Condominium and Planned Development Law Sajdera, PA Palm Beach Office: 200 East Palmetto Park Road, Suite 103 Boca Raton, Florida 33432 Direct: 561-910-3082 Phone: 561-948-4000 Facsimile: 561-948-6052 Broward Office: 2005 W. Cypress Creek Rd., Suite 203 Ft. Lauderdale, FL 33309 Phone: 954-869-0980 Facsimile: 954-869-0981 Email: cas@saj-law.com<mailto:cas@saj-law.com> This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fmailman.fsr.com%2fmailman%2flistinfo%2flandten&c=E,1,L6HN5Ri3cd6O5kfGznf4TZw1KxFUx0eUijAO6tn5hzDDgBf9d0oVYb8QigymEQ4GYW6_PNlhCxUqmHd8RnMKeuNXzjhibRJv1gs5eO3NzEef52tULqTsRDu1kg,,&typo=1> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fmailman.fsr.com%2fmailman%2flistinfo%2flandten&c=E,1,NtUnA2QZyBIGVKVPpCVVp5-NAjMcawhPyFBWVoehq2JxS4VnFp5Oglzt6UoV8KOdvx-EOhX7lBgO73hu5zYkBgvTg8zoX2E6BJOaDPd1buPx0w,,&typo=1>

RR

RPPTL Real Estate Leasing Committee

Thu, Sep 30, 2021 3:36 PM

Dear Michael:

        I exclusively represent landlords, primary residential but also a few landlords with a small commercial property such as your neighborhood office building.

With my landlord clients, they have usually tried to work out issues with the tenants prior to having me file an eviction lawsuit. In addition, tenants have the opportunity to cure a particular default based on the notice the landlord has provided to the tenant.

In my opinion, once an eviction lawsuit has been filed, the opportunity to negotiate a solution has passed. I doubt I would advise my landlord clients to agree to a resolution once I have filed an eviction lawsuit, especially in the residential setting, unless I believe my landlord’s case is not clear cut..

By the way, attached is an Order showing how an Escambia County judge handles residential eviction cases. I wish every judge handled eviction cases as she handles her cases.

        So, I do not agree with requiring mediation.

Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, September 30, 2021 10:13 AM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: Re: [RPPTL Leasing Committee] IMMEDIATE COMMENTS REQUESTED

PLEASE BELOW FROM MR. GELFAND:

Thank you to Committee members and yourself for the swift response. The responses were helpful for a call I just completed for the Pandemic Task Force co-chairs to present to their Task Force meeting this afternoon.

Taking the comments to heart, especially the concerns over further delay and expense, and the Court’s great concern over the ability to efficiently, including not sacrificing doing so effectively, handle evictions there is a willingness, a great desire, to consider the comments and refine the recommendations.

Hearing the comments, one consideration is to propose that if the parties are present at the time of the final hearing, to hold a mediation immediately at that time, before being called to the bench for the final hearing.

If there is a desire to resolve short of a writ of possession, this would be an excellent time to do so. This would not delay the expedited nature of the procedure, assuming that the courts are able to otherwise schedule, and would not entail a second appearance.

As benefits to all, Courts and parties, this would move negotiations from in front of the judge where they frequently have occurred but should not, and courts will in the future not have time to handle these negotiations, and move negotiations to a mediator, freeing up the Court to hear and rule on the next cases, avoiding delays for everyone waiting in line. If quick possession is sought, this allows the parties to negotiate terms. Similarly, if the parties would be willing to continue occupancy, but need to address back rent, assuming they are willing to do so to stay/allow possession, then this allows that effort.

Preserves the expedited nature, no additional court day or delay, and for those cases where there is not a no show by a party, allows them to communicate, especially as so many parties, landlords and tenants, do not necessarily communicate well with each other.

Thoughts by Wednesday noon would be appreciated. This seems to be a win solution for call taking into account the comments.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 11:23 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

I agree with Amanda, this is a solution searching for a problem.

It has been my experience over the last too many years, that if rent is in the registry you are likely going to mediation. Point #5 narrows mediation to cases where the tenant has not been defaulted pursuant to 83.60, just as it is now. Otherwise, this mediation program would require amending legislation.

Albert

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org> wrote:
I agree with Amanda. She hit the nail right on the head. I believe mediation will cause more problems for landlords than it would solve and give tenants who are inclined, another arrow in their quiver to live rent free. As written this proposal doesn't clearly define the problem it is trying to solve. Arlene

On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org> wrote:
I agree that commercial evictions should not be included.

Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it’s a false equivalent to equate evictions to foreclosures.

Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren’t responding to an actual crisis, this seems like a solution in search of a problem.

[Logo Description automatically generated]

[Text Description automatically generated with low confidence]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
Main: (941) 556-9030
Fax: (941) 312-5316
akison@bgk.law mailto:akison@bgk.law
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
www.bgk.law http://www.bgk.law/

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

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 2:18 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

On page 3, 5. a. provides as follows:

“5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications:
a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;”

It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies.

Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.net mailto:jtaplin@taplinlaw.net

This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to 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 immediately notify us by telephone and return the original message to us at the listed email address. Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow

Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.

Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law

Sajdera, PA

Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052

Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981

Email: cas@saj-law.com mailto:cas@saj-law.com

This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.

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

Dear Michael: I exclusively represent landlords, primary residential but also a few landlords with a small commercial property such as your neighborhood office building. With my landlord clients, they have usually tried to work out issues with the tenants prior to having me file an eviction lawsuit. In addition, tenants have the opportunity to cure a particular default based on the notice the landlord has provided to the tenant. In my opinion, once an eviction lawsuit has been filed, the opportunity to negotiate a solution has passed. I doubt I would advise my landlord clients to agree to a resolution once I have filed an eviction lawsuit, especially in the residential setting, unless I believe my landlord’s case is not clear cut.. By the way, attached is an Order showing how an Escambia County judge handles residential eviction cases. I wish every judge handled eviction cases as she handles her cases. So, I do not agree with requiring mediation. Kristopher E. Fernandez, Esquire Florida Bar Board Certified Real Estate Attorney 114 S. Fremont Avenue Tampa, FL 33606 (813) 832-6340 (813) 601-3257 (after hours) (813) 251-0438 (fax) NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, September 30, 2021 10:13 AM To: landten@lists.flabarrpptl.org Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com> Subject: Re: [RPPTL Leasing Committee] IMMEDIATE COMMENTS REQUESTED PLEASE BELOW FROM MR. GELFAND: Thank you to Committee members and yourself for the swift response. The responses were helpful for a call I just completed for the Pandemic Task Force co-chairs to present to their Task Force meeting this afternoon. Taking the comments to heart, especially the concerns over further delay and expense, and the Court’s great concern over the ability to efficiently, including not sacrificing doing so effectively, handle evictions there is a willingness, a great desire, to consider the comments and refine the recommendations. Hearing the comments, one consideration is to propose that if the parties are present at the time of the final hearing, to hold a mediation immediately at that time, before being called to the bench for the final hearing. If there is a desire to resolve short of a writ of possession, this would be an excellent time to do so. This would not delay the expedited nature of the procedure, assuming that the courts are able to otherwise schedule, and would not entail a second appearance. As benefits to all, Courts and parties, this would move negotiations from in front of the judge where they frequently have occurred but should not, and courts will in the future not have time to handle these negotiations, and move negotiations to a mediator, freeing up the Court to hear and rule on the next cases, avoiding delays for everyone waiting in line. If quick possession is sought, this allows the parties to negotiate terms. Similarly, if the parties would be willing to continue occupancy, but need to address back rent, assuming they are willing to do so to stay/allow possession, then this allows that effort. Preserves the expedited nature, no additional court day or delay, and for those cases where there is not a no show by a party, allows them to communicate, especially as so many parties, landlords and tenants, do not necessarily communicate well with each other. Thoughts by Wednesday noon would be appreciated. This seems to be a win solution for call taking into account the comments. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 11:23 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow I agree with Amanda, this is a solution searching for a problem. It has been my experience over the last too many years, that if rent is in the registry you are likely going to mediation. Point #5 narrows mediation to cases where the tenant has not been defaulted pursuant to 83.60, just as it is now. Otherwise, this mediation program would require amending legislation. Albert Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote: I agree with Amanda. She hit the nail right on the head. I believe mediation will cause more problems for landlords than it would solve and give tenants who are inclined, another arrow in their quiver to live rent free. As written this proposal doesn't clearly define the problem it is trying to solve. Arlene On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote: I agree that commercial evictions should not be included. Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it’s a false equivalent to equate evictions to foreclosures. Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren’t responding to an actual crisis, this seems like a solution in search of a problem. [Logo Description automatically generated] [Text Description automatically generated with low confidence] Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Goodrich Kison, P.A. Main: (941) 556-9030 Fax: (941) 312-5316 akison@bgk.law<mailto:akison@bgk.law> 783 South Orange Ave. Third Floor Sarasota, Florida 34236 www.bgk.law<http://www.bgk.law/> [Title: Facebook - Description: Facebook icon]<http://www.facebook.com/bgk.law> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 2:18 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow On page 3, 5. a. provides as follows: “5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications: a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;” It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies. Jay A. Taplin Florida Bar Board Certified Real Estate Law Taplin & Associates Suite 1510 1555 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401 (561) 684-8399 (ph) (561) 471-8055 (fax) jtaplin@taplinlaw.net<mailto:jtaplin@taplinlaw.net> This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to 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 immediately notify us by telephone and return the original message to us at the listed email address. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 1:36 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: [RPPTL Leasing Committee] comments by 9am tomorrow Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow. Christopher A. Sajdera, Esquire Board Certified Specialist, Condominium and Planned Development Law Sajdera, PA Palm Beach Office: 200 East Palmetto Park Road, Suite 103 Boca Raton, Florida 33432 Direct: 561-910-3082 Phone: 561-948-4000 Facsimile: 561-948-6052 Broward Office: 2005 W. Cypress Creek Rd., Suite 203 Ft. Lauderdale, FL 33309 Phone: 954-869-0980 Facsimile: 954-869-0981 Email: cas@saj-law.com<mailto:cas@saj-law.com> This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

RR

RPPTL Real Estate Leasing Committee

Mon, Oct 4, 2021 4:44 PM

Hi Michael,

From my perspective, this wouldn’t change my initial “no” vote as to the mediation proposal. My experience has been that Landlords are generally willing to work with Tenants who are honest about their circumstances they find themselves in. With the availability of rent assistance from the emergency rental assistance program, Tenants who have a good relationship with the Landlord seem to be successfully taking advantage of the available funding. However, Landlords are not required to participate. One thing to consider is that if a Landlord is willing to forgo 1 years’ payment of back rent in order to remove a tenant, a mediation prior to a final hearing has very little chance of success.

This may be something worth revisiting on a circuit-by-circuit basis if there proves to be an eviction crisis in areas around the state. However, I am having trouble believing there will be one. Most landlord were able to successfully remove non-paying tenants during the moratorium by simply declining to renew leases following their natural termination. I realize the goal is to get ahead of things, but is there any evidence that you’ve seen demonstrating a spike in evictions around the state?

Amanda

[Logo Description automatically generated]

[Text Description automatically generated with low confidence]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
Main: (941) 556-9030
Fax: (941) 312-5316
akison@bgk.law mailto:akison@bgk.law
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
www.bgk.law http://www.bgk.law/

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

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, September 30, 2021 10:13 AM
To: landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: Re: [RPPTL Leasing Committee] IMMEDIATE COMMENTS REQUESTED

PLEASE BELOW FROM MR. GELFAND:

Thank you to Committee members and yourself for the swift response. The responses were helpful for a call I just completed for the Pandemic Task Force co-chairs to present to their Task Force meeting this afternoon.

Taking the comments to heart, especially the concerns over further delay and expense, and the Court’s great concern over the ability to efficiently, including not sacrificing doing so effectively, handle evictions there is a willingness, a great desire, to consider the comments and refine the recommendations.

Hearing the comments, one consideration is to propose that if the parties are present at the time of the final hearing, to hold a mediation immediately at that time, before being called to the bench for the final hearing.

If there is a desire to resolve short of a writ of possession, this would be an excellent time to do so. This would not delay the expedited nature of the procedure, assuming that the courts are able to otherwise schedule, and would not entail a second appearance.

As benefits to all, Courts and parties, this would move negotiations from in front of the judge where they frequently have occurred but should not, and courts will in the future not have time to handle these negotiations, and move negotiations to a mediator, freeing up the Court to hear and rule on the next cases, avoiding delays for everyone waiting in line. If quick possession is sought, this allows the parties to negotiate terms. Similarly, if the parties would be willing to continue occupancy, but need to address back rent, assuming they are willing to do so to stay/allow possession, then this allows that effort.

Preserves the expedited nature, no additional court day or delay, and for those cases where there is not a no show by a party, allows them to communicate, especially as so many parties, landlords and tenants, do not necessarily communicate well with each other.

Thoughts by Wednesday noon would be appreciated. This seems to be a win solution for call taking into account the comments.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 11:23 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

I agree with Amanda, this is a solution searching for a problem.

It has been my experience over the last too many years, that if rent is in the registry you are likely going to mediation. Point #5 narrows mediation to cases where the tenant has not been defaulted pursuant to 83.60, just as it is now. Otherwise, this mediation program would require amending legislation.

Albert

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org> wrote:
I agree with Amanda. She hit the nail right on the head. I believe mediation will cause more problems for landlords than it would solve and give tenants who are inclined, another arrow in their quiver to live rent free. As written this proposal doesn't clearly define the problem it is trying to solve. Arlene

On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org> wrote:
I agree that commercial evictions should not be included.

Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it’s a false equivalent to equate evictions to foreclosures.

Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren’t responding to an actual crisis, this seems like a solution in search of a problem.

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[Text Description automatically generated with low confidence]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
Main: (941) 556-9030
Fax: (941) 312-5316
akison@bgk.law mailto:akison@bgk.law
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
www.bgk.law http://www.bgk.law/

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

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 2:18 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

On page 3, 5. a. provides as follows:

“5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications:
a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;”

It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies.

Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.net mailto:jtaplin@taplinlaw.net

This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to 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 immediately notify us by telephone and return the original message to us at the listed email address. Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera <cas@saj-law.com mailto:cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com mailto:mjgelfand@gelfandarpe.com>
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow

Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow.

Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law

Sajdera, PA

Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052

Broward Office:
2005 W. Cypress Creek Rd., Suite 203
Ft. Lauderdale, FL 33309
Phone: 954-869-0980
Facsimile: 954-869-0981

Email: cas@saj-law.com mailto:cas@saj-law.com

This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.

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Hi Michael, From my perspective, this wouldn’t change my initial “no” vote as to the mediation proposal. My experience has been that Landlords are generally willing to work with Tenants who are honest about their circumstances they find themselves in. With the availability of rent assistance from the emergency rental assistance program, Tenants who have a good relationship with the Landlord seem to be successfully taking advantage of the available funding. However, Landlords are not required to participate. One thing to consider is that if a Landlord is willing to forgo 1 years’ payment of back rent in order to remove a tenant, a mediation prior to a final hearing has very little chance of success. This may be something worth revisiting on a circuit-by-circuit basis if there proves to be an eviction crisis in areas around the state. However, I am having trouble believing there will be one. Most landlord were able to successfully remove non-paying tenants during the moratorium by simply declining to renew leases following their natural termination. I realize the goal is to get ahead of things, but is there any evidence that you’ve seen demonstrating a spike in evictions around the state? Amanda [Logo Description automatically generated] [Text Description automatically generated with low confidence] Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Goodrich Kison, P.A. Main: (941) 556-9030 Fax: (941) 312-5316 akison@bgk.law<mailto:akison@bgk.law> 783 South Orange Ave. Third Floor Sarasota, Florida 34236 www.bgk.law<http://www.bgk.law/> [Title: Facebook - Description: Facebook icon]<http://www.facebook.com/bgk.law> From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, September 30, 2021 10:13 AM To: landten@lists.flabarrpptl.org Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com> Subject: Re: [RPPTL Leasing Committee] IMMEDIATE COMMENTS REQUESTED PLEASE BELOW FROM MR. GELFAND: Thank you to Committee members and yourself for the swift response. The responses were helpful for a call I just completed for the Pandemic Task Force co-chairs to present to their Task Force meeting this afternoon. Taking the comments to heart, especially the concerns over further delay and expense, and the Court’s great concern over the ability to efficiently, including not sacrificing doing so effectively, handle evictions there is a willingness, a great desire, to consider the comments and refine the recommendations. Hearing the comments, one consideration is to propose that if the parties are present at the time of the final hearing, to hold a mediation immediately at that time, before being called to the bench for the final hearing. If there is a desire to resolve short of a writ of possession, this would be an excellent time to do so. This would not delay the expedited nature of the procedure, assuming that the courts are able to otherwise schedule, and would not entail a second appearance. As benefits to all, Courts and parties, this would move negotiations from in front of the judge where they frequently have occurred but should not, and courts will in the future not have time to handle these negotiations, and move negotiations to a mediator, freeing up the Court to hear and rule on the next cases, avoiding delays for everyone waiting in line. If quick possession is sought, this allows the parties to negotiate terms. Similarly, if the parties would be willing to continue occupancy, but need to address back rent, assuming they are willing to do so to stay/allow possession, then this allows that effort. Preserves the expedited nature, no additional court day or delay, and for those cases where there is not a no show by a party, allows them to communicate, especially as so many parties, landlords and tenants, do not necessarily communicate well with each other. Thoughts by Wednesday noon would be appreciated. This seems to be a win solution for call taking into account the comments. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 11:23 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow I agree with Amanda, this is a solution searching for a problem. It has been my experience over the last too many years, that if rent is in the registry you are likely going to mediation. Point #5 narrows mediation to cases where the tenant has not been defaulted pursuant to 83.60, just as it is now. Otherwise, this mediation program would require amending legislation. Albert Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote: I agree with Amanda. She hit the nail right on the head. I believe mediation will cause more problems for landlords than it would solve and give tenants who are inclined, another arrow in their quiver to live rent free. As written this proposal doesn't clearly define the problem it is trying to solve. Arlene On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote: I agree that commercial evictions should not be included. Practically, I think this is unnecessary and further burdens the mom-and-pop landlords who financially cannot afford to maintain a tenant who is not paying rent. I also think it’s a false equivalent to equate evictions to foreclosures. Is it really the general consensus that we are going to see a major influx of residential evictions? If we aren’t responding to an actual crisis, this seems like a solution in search of a problem. [Logo Description automatically generated] [Text Description automatically generated with low confidence] Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Goodrich Kison, P.A. Main: (941) 556-9030 Fax: (941) 312-5316 akison@bgk.law<mailto:akison@bgk.law> 783 South Orange Ave. Third Floor Sarasota, Florida 34236 www.bgk.law<http://www.bgk.law/> [Title: Facebook - Description: Facebook icon]<http://www.facebook.com/bgk.law> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 2:18 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow On page 3, 5. a. provides as follows: “5. If implemented, considering whether narrowing mediation availability would be appropriate based on one or more of the following qualifications: a. Residential tenancies, without precluding use in commercial tenancies, the procedures of which are adapted to balance the interests of the parties;” It does not appear reasonable that commercial tenancies in Florida be subject to Statewide Managed Mediation Program, for among other reasons, I believe that the eviction ban in Florida did not apply to commercial tenancies. Jay A. Taplin Florida Bar Board Certified Real Estate Law Taplin & Associates Suite 1510 1555 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401 (561) 684-8399 (ph) (561) 471-8055 (fax) jtaplin@taplinlaw.net<mailto:jtaplin@taplinlaw.net> This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to 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 immediately notify us by telephone and return the original message to us at the listed email address. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Sunday, September 26, 2021 1:36 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com<mailto:cas@saj-law.com>>; Michael J. Gelfand <mjgelfand@gelfandarpe.com<mailto:mjgelfand@gelfandarpe.com>> Subject: [RPPTL Leasing Committee] comments by 9am tomorrow Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow. Christopher A. Sajdera, Esquire Board Certified Specialist, Condominium and Planned Development Law Sajdera, PA Palm Beach Office: 200 East Palmetto Park Road, Suite 103 Boca Raton, Florida 33432 Direct: 561-910-3082 Phone: 561-948-4000 Facsimile: 561-948-6052 Broward Office: 2005 W. Cypress Creek Rd., Suite 203 Ft. Lauderdale, FL 33309 Phone: 954-869-0980 Facsimile: 954-869-0981 Email: cas@saj-law.com<mailto:cas@saj-law.com> This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten