[RPPTL LandTen] residential eviction question

[harry at evict.com]

We file a Motion for Default for Failure to Post Rent into the Court
Registry immediately   when the tenant files an answer and if we do not get
our default (which we get about 90% of the time) we immediately set it for
trial.

 

The minute the tenant open his/her mouth in court, we object and tell the
judge it is improper to proceed without money placed in court registry. This
usually results in the judge asking the tenant if they have the money, the
tenant says no, and we are out the door with a FJ.

 

We file thousands of these motions each year.

 

Harry Heist

 

LAW OFFICES OF 
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com <http://www.evict.com/>  
Email: harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Chuck Hoskin
Sent: Wednesday, March 03, 2010 9:53 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question

 

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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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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