[RPPTL LandTen] Waiver under 83.202

[Lainie Simon]

I have tried to do research on this recently. Not much out there. I tell 
them to send it back. If they won't, they send a notice reserving their 
rights. If they accept it with no comment, there can be a 
problem--involved in one now.

Drobner, David S. wrote:
> 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 <mailto:ahorky at mbhlawyer.com>
>
> Website: www.mbhlawyer.com <http://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
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> Direct Phone 954-343-6941
>
> Direct Fax 954-343-6942
>
> cid:image003.png at 01C9C405.DE5F2DF0
>
> *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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-- 
Lainie J. Simon, Esq.
2200 NW Corporate Blvd, #401
Boca Raton, FL  33431
561-445-1361
561-997-8448 (fax)