[RPPTL LandTen] residential eviction question

Wed Mar 3 07:25:22 PST 2010

I follow the same procedure and it works every time.  In fact, you can even file a Motion for Default for failure to deposit per the statute and can often get the FJ without a hearing. 

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, harry at evict.com <harry at evict.com> wrote:

From: harry at evict.com <harry at evict.com>
Subject: Re: [RPPTL LandTen] residential eviction question
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org>
Date: Wednesday, March 3, 2010, 10:22 AM

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 
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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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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