[RPPTL LandTen] Quick question for myresidential leasingcolleagues
Frank, Scott A.
SAFrank at arnstein.com
Thu Jun 18 14:14:40 PDT 2009
Thanks Gale. Some days, I will take all the reassurance I can get.
Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com <http://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
SAFrank at arnstein.com <mailto: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 Gale
Silbermann
Sent: Thursday, June 18, 2009 5:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Quick question for myresidential
leasingcolleagues
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
www.arnstein.com <http://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
SAFrank at arnstein.com <mailto: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
www.arnstein.com <http://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
SAFrank at arnstein.com <mailto:SAFrank at arnstein.com>
Offices in Illinois, Florida, and Wisconsin
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Pursuant to Internal Revenue Service guidance, be advised that any
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or written to be used and it cannot be used by any person or entity for
the purpose of (i) avoiding any tax penalties that may be imposed by the
Internal Revenue Service or any other U.S. Federal taxing authority or
agency or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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