[RPPTL LandTen] Landlord Question: Section 8 Tenant Default

[Joclairespearpa at aol.com]

Ladies and Gentlemen, a new member of our  committee, N. Rodney Holmes, 
Esq. submits the following issues for your  consideration and possible response:
 
 

Basically the situation is as follows:  (Client is  the Landlord)
-Landlord has not received rent for July or August.
-Landlord did not  get a security deposit
-Tenant has already moved out.
-Landlord would like  to possibly collect rent and report to the credit
bureau the fact that she  has not received rent from the Tenant, to affect
the Tenant's credit  score.
-Tenant was Section 8
Also,
Section 8 refused to pay the money to her because they said  only the
tenant could pay her the money.  My
question comes from Fla  Statutes 83.56(5)  
Termination of rental agreement.-- 
(5)  If the landlord accepts  rent with actual knowledge of a noncompliance
by the tenant or accepts  performance by the tenant of any other provision
of the rental agreement that  is at variance with its provisions, or if the
tenant pays rent with actual  knowledge of a noncompliance by the landlord
or accepts performance by the  landlord of any other provision of the rental
agreement that is at variance  with its provisions, the landlord or tenant
waives his or her right to  terminate the rental agreement or to bring a
civil action for that  noncompliance, but not for any subsequent or
continuing noncompliance. Any  tenant who wishes to defend against an action
by the landlord for possession  of the unit for noncompliance of the rental
agreement or of relevant statutes  shall comply with the provisions in s.
83.60(2). The court may not set a date  for mediation or trial unless the
provisions of s. 83.60(2) have been met,  but shall enter a default judgment
for removal of the tenant with a writ of  possession to issue immediately if
the tenant fails to comply with s.  83.60(2). This subsection does not apply
to that portion of rent subsidies  received from a local, state, or national
government or an agency of local,  state, or national government; however,
waiver will occur if an action has  not been instituted within 45 days of
the noncompliance. 

This says that this section does not apply to that portion of  rent
subsidies received from a local, state, or national government or an  agency
of local...however, waiver will occur if an action has not been  instituted
within 45 days of the noncompliance.  
My questions are as follows:  
1. Is there a way to  collect the section 8 portion of the rent directly
from the gov't if the  tenant is can not be found?
   2. Does the 45 day "statute of limitations" described above  apply to all
defaults or only those involving a gov't agency?
   3. Is it correct that only 3 days of notice must be given in  the demand
letter if the letter is posted directly on the property?   (thereby avoiding
the +5 days required by the FRCP for mail)
 
 
Thank You,
N. Rodney Holmes, Esq.
Hosford & Holmes, P.L.
561-306-8770

 
 
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