[RPPTL LandTen] FW: SB 454 1/7/09

Wed Jan 7 11:11:28 PST 2009

I think that there definitely needs to be notice given to tenants by the landlord(although details need not be given) that there is pending a foreclosure action/short sale. This will relieve the landlord perhaps of future law suits and massive damage awards. I know I sent several cases to the listserve on how landlords have been made to pay $10,000 plus in damages.  

In most cases though now, what is happening is that the Fin.Co/Bank is serving papers at the location where the rental property is and not where landlord is and tenant "gets the shock" and holds these papers hostage in order to bargain for not paying rent or very little rent. Small landlords are the worst hit. Therefore, in the long run it is best that the landlord give notice to the tenant in a general format and avoid the calamity. If the tenant wants to vacate this is a cost to the landlord, but I am sure in the long run, it is better to have a tenant who is willing to take the risk and wait and honor the lease than a tenant who does not and will use every loop hole to harass the landlord. 

I also think a civil penalty is appropriate in this case to give some beef to the requirement of disclosure. There have been many, many unscrupuolous landlords around who have actually taken the rent, even though financially able, not paid the mortgage and then the tenants have been forced out without any warning whatsoever. However, the penalty should be reasonable and only if the landlord does not give the notice required in a timely manner. 
Roshani M. Gunewardene
Attorney

> Date: Wed, 7 Jan 2009 11:59:57 -0500> From: David.Weisman at gmlaw.com> To: landten at lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] FW: SB 454> > While the concept is not bad in principle, how can a lessor be held to know what the Lender intends to do? The language should simply require a disclosure of whether there is a pending foreclosure or short sale or whether the lessor has received a notice of default from the lender.> > What is next, an affidavit of intention to abscond with the rent? > > > > David Weisman> Board Certified Real Estate Lawyer> Greenspoon Marder, P.A.> Trade Center South, Suite 700> 100 West Cypress Creek Road> Ft. Lauderdale, FL 33309> Phone 954-491-1120> Toll Free 888-491-1120> Direct Phone 954-343-6941> Direct Fax 954-343-6942> > > >>> "Arthur J. Menor" <AMenor at shutts.com> 1/7/2009 11:01 AM >>>> Dear Committee Members:> > Please see the attached proposed legislation and provide any comments> that you may have.> > > ________________________________> > From: Fields, Alan B [mailto:abfields at firstam.com] > Sent: Monday, January 05, 2009 10:32 PM> To: BrutonB at gtlaw.com; Michael J. Gelfand; Arthur J. Menor; Neil> B. Shoter> Cc: jbn at floridalandlaw.com; Meyer, George J.> Subject: SB 454> > > > Didn't know if you had seen this bill by Fasano yet requiring> notice of foreclosures and shortsales be given to lessees.> > > > Alan> > > > > > Alan B. Fields> > Florida State Counsel> > First American Title Insurance Company> > 7360 Bryan Dairy Road, Suite 200> > Largo, FL 33777> > 727-549-3243> > 877-798-7058> > Cell: 727-773-6664> > Fax 727-549-3481> > abfields at firstam.com > > > > CONFIDENTIALITY: Unless expressly stated otherwise, this message> is confidential and may be privileged. It is intended for the> addressee(s) only. 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