[RPPTL LandTen] residential eviction question

Wed Mar 3 07:09:29 PST 2010

I agree with those who have stated that 83.56(5) results in the landlord's waiver of his/her abillity to proceed with the eviction if he/she accepts any partial payments.  I always advise my L/L clients not to accept anything after suit has been filed.  However, I have tried to make this argument a few times here in Palm Beach County while representing tenants, but the judges don't agree and refused to dismiss the action.  I assume they are reluctant to punish a landlord in this situation.  Obviously the tenants do not have the money or ability to appeal this decision.

Does anyone have any case law to support this position?  I looked but couldn't find any.

Cary Sabol

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416 
Phone: (561) 281-2744

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--- On Wed, 3/3/10, Chuck Hoskin <CPH at esclaw.com> wrote:

From: Chuck Hoskin <CPH at esclaw.com>
Subject: Re: [RPPTL LandTen] residential eviction question
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org>
Date: Wednesday, March 3, 2010, 9:52 AM

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Gale:

In my opinion, 83.60(2) requires the tenant to deposit the rent into the registry of the court for all breaches of the lease, not just non-payment of rent.  Also, in my opinion, 83.56(5) provides for a waiver of all tenant non-compliance if the landlord accepts the rent.  There are also cases on waiver in the non-residential setting, but I do not have them handy.  As a disclaimer, judges have been known to disagree with me.  Therefore, you should not cite "Chuck" as authority for this.  

In order not to waive the default and to preserve the money, my recommendation is to file a Motion To Determine Rent and To Require Deposit of Rent, have the court determine the amount of past due rent and monthly accrual, just like a payment default case, and have the tenant deposit the rent into the registry of the court.  

I hope that helps.  

Chuck 

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Charles P. Hoskin
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Fax:  850-434-7163 

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Tuesday, March 02, 2010 4:08 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question

Has anyone terminated a residential lease for a lease violation, other than non-payment of rent, and accepted rent while the case was pending? I have a situation where the case has dragged on for more than 6 months without the rent being paid.  It is subsidized housing so the amount is small but we want the rent from the tenant, who is willing to pay.  But if we accept rent will that waive our issue with the lease non-compliance?  

Any help would be greatly appreciated. 

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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