[RPPTL LandTen] Quick question for my residential leasingcolleagues

Thu Jun 18 14:13:17 PDT 2009

Scott,

            I've been in mediation all day, so sorry for the late response.
Our committee had drafted a proposed amendment to the residential statute to
cover whether there was a need for a 3day notice for the holdover tenant.
However, t upon further discussion, the consensus was that no notice was
needed.  Based on that you were correct to just file.  Good luck.

Gale

Gale Silbermann

Baxter, Strohauer, Mannion & Silbermann, PA

1150 Cleveland Street, Suite 300

Clearwater, FL 33755

(727) 461-6100

(727) 447-6899 Fax

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Frank, Scott A.
Sent: Thursday, June 18, 2009 4:08 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Quick question for my residential
leasingcolleagues

Thank you to all who responded. 

As our demand to vacate letter also notified the tenant of the statutory
obligation to pay the double rent, we are going ahead and filing the
complaint - not waiting the 3 days - based on the holdover itself, not a
failure to cure.

And I had better not get an Answer signed by any of you!

Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP 

 <http://www.arnstein.com/> www.arnstein.com

515 North Flagler Drive 

Sixth Floor 

West Palm Beach, Florida 33401-4323

Phone: 561.833.9800 

Fax: 561.655.5551

433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323 
Phone: 561.322.6900
Fax: 561.322.6940 
 <mailto:SAFrank at arnstein.com> SAFrank at arnstein.com

Offices in Illinois, Florida, and Wisconsin 

  _____  

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Warren P.
Gammill
Sent: Thursday, June 18, 2009 3:31 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Madelin D'Arce'
Subject: Re: [RPPTL LandTen] Quick question for my residential
leasingcolleagues

Scott,

I would deliver a letter advising the holdover tenant that he owes double
rent of $_______ per month from June 15th until he surrenders possession and
making a demand therefor.  At the same time or at any time thereafter, I
would file suit for eviction and the section 83.58 double rent (which keeps
accruing).  

A non-residential case based on Fla. Stat. 83.06 requires a demand for
double rent, with the double rent running from the date of the demand, not
from the date of the holdover.  Lincoln Oldsmobile v. Branch, 574 So. 2d
1111.  However, 83.58 reads differently from 83.06, allowing the recovery of
double rent "for the period during which the tenant refuses to surrender
possession".  This leaves room for the landlord to take the position that
the holdover without paying any rent constitutes bad faith and a clear
refusal to surrender the premises.  At worst, the landlord will recover
double rent from the time of the demand.

Warren P. Gammill, Esq.

Warren Gammill & Associates

Suite 1050, Courthouse Tower

44 West Flagler Street

Miami, Florida 33130

Telephone: (305) 579-0000

Telecopier: (305) 371-6927

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Frank, Scott A.
Sent: Thursday, June 18, 2009 2:23 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Quick question for my residential leasing
colleagues

We represent the owner of a single family house which was leased out.  Lease
expired on June 14.  We had previously provided tenant with plenty of notice
that lease was expiring and would not be renewed.  Some discussion of a
1-month extension, but tenant flaked and never came through with the money
and offer was rescinded.

The 14th came and went.  tenant would not respond to phone calls or e-mails.
On Tuesday we delivered - via e-mail and first class mail, as well as left
taped to front door and in the mailbox - a notice reminding her that the
lease had expired and she was illegally holding over.  Of course no
response.  We are ready to file complaint for possession today.

My question is:  Will our letter be deemed a 3-day notice?  Or will a 3-day
notice be required?  As I read the statute, a 3-day notice is not required
for a holdover, as it appears that the action can be filed immediately.  But
if it is not required, will the court find our notice to somehow imply a
3-day right to cure?  (But how can one cure when the issue is not
non-payment or some other non-performance?)

Any thoughts or guidance would be most appreciated.  Thanks.

Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP 

 <http://www.arnstein.com/> www.arnstein.com

515 North Flagler Drive 

Sixth Floor 

West Palm Beach, Florida 33401-4323

Phone: 561.833.9800 

Fax: 561.655.5551

433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323 
Phone: 561.322.6900
Fax: 561.322.6940 
 <mailto:SAFrank at arnstein.com> SAFrank at arnstein.com

Offices in Illinois, Florida, and Wisconsin 

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