[RPPTL LandTen] Waiver under 83.202

[Drobner, David S.]

Or, just bite the bullet and refuse and reject that payment to be sure
you are golden to evict...

________________________________

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Thursday, November 19, 2009 12:10 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Waiver under 83.202



Waiver can be found under the common law, statute or the lease.  Does
the lease have an "anti-waiver" clause?  Is CAM defined in the lease as
"rent"?  There are cases on waiver, which I recommend should be
reviewed.  I did not review any case law prior to responding to this
email.   As stated by David, the statute speaks to "full amount of rent"
and I would agree that acceptance of partial rent does not act as a
waiver.  I normally have the client serve written notice to the tenant
stating that its acceptance of a partial rent payment shall not be
deemed a waiver or relinquishment of any rights under the lease to
proceed with an eviction action.  Also, has a 3-day Notice been served
yet? At trial once, I had the tenant attempt to attack the fact that the
amount in the 3-day notice differed from the amount in the complaint
constituting a waiver or failure of a condition precedent. After our
response, the court overruled the objection and entered a judgment for
eviction.   To avoid this, I would issue a new 3-day notice following
acceptance of a partial payment (provided time is not an issue).  

 

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile:  954.467.2210

E-Mail: ahorky at mbhlawyer.com

Website: www.mbhlawyer.com

 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Thursday, November 19, 2009 11:48 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Waiver under 83.202

 

The statute speaks to acceptance of the "full amount" and I would think
that includes all sums defined in the lease as rent. Therefore, not a
waiver.  Disclaimer: No case research.

 

David  Weisman

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

 

 

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto
Cardet
Sent: Thursday, November 19, 2009 10:18 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Waiver under 83.202

 

If a commerical landlord wants to evict due to the tenant's non-payment
of CAMS, does the landlord need to refuse regular rent payments to avoid
a waiver under 83.202?

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
 

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