[RPPTL LandTen] Case of Interest 10/1/08

[roshani gunewardene]

Bella Contessa, LLC v. Schnidt, 15 FLW Supp. 911( 7th Jud. Cir. 6/3/08)
Computation of amt of rent to be refunded to tenant for 50% diminishment of rental value of property due to disrepair and statutory damages to be assessed against LL that interfered with utility services.
 
Rental value of the diminished due to defective appliances, pest control & other disrepair set forth in Sec. 101 of TE's complaint, LL committed prohibited practices and violations by threatening to shut off electricity.
 
TE entitled to actual damages, but since not pled, Court computed statutory damages as matter of law based on original complaint. LL required to pay $10,803.58 to Tenant.



Date: Tue, 23 Sep 2008 15:53:50 -0400From: NShoter at shutts.comTo: landten at lists.flabarrpptl.orgCC: AMenor at shutts.comSubject: [RPPTL LandTen] Pro Se Eviction Forms Update

As mentioned in our Committee Meeting today, we received recently comments to the Pro-Se Landlord/Tenant litigation forms from Florida Legal Services.    This has taken us off the October Board of Governors' meeting track for approval of our Committee's revisions to the forms.    As you know, our Committee and the RPPTL Section approved the forms with our edits in April.
 
In general, the comments from Legal Services appear to be almost exclusively confined to comments to the Notes to the forms, with very minor edits to the forms themselves.    They appear to me to be mainly clarifications of language quoted from statutes and not substantive changes to the form's original intent.
 
I have made changes to Forms/Notes 1, 2, 3, 4, 6, and 7 as shown on the attached blackline.    I did not agree with Comments A1 and A22.  Making changes based on Legal Services comments are not mandatory -- but if we are unresponsive, then Legal Services may offer opposition to the forms when they move forward to the Supreme Court for final approval.

 
If you have any comments or changes, kindly provide them to me by no later than Friday, October 3rd.   Absent comments, I will forward the revised forms back to the BAR.   
 
I appreciate your time.
 
Neil.
 
Neil B. Shoter Partner  



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