[RPPTL LandTen] residential eviction question

Thu Mar 4 06:53:09 PST 2010

Gale:

In spite of what is appropriate or legally correct, unfortunately some cases just get crossways of the legal system.  Up here we call that "snake-bit".  In my experience, going back to try and fix a problem like this only compounds the problem and causes further delay.  My recommendation is to get to a final hearing as soon as possible and hope you can get the tenant out.

Chuck

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Charles P. Hoskin
Direct Dial:  850-444-3881
Fax:  850-434-7163

________________________________
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gale Silbermann
Sent: Wednesday, March 03, 2010 1:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question

I agree that the appropriate course is to file a motion either to determine rent or for immediate default.  However in this case the tenant filed the motion to determine rent and the judge ranted and raved that the case wasn't about rent and refused to hear it.  The final hrg is set for end of April (delay is due to my client).  But the initial delay was the judge's b/c they insist on setting their own hearings and they screwed up.  Now its been 6 months without rent.

Harry, how do you file a motion for immediate default if the rent was current when you filed the suit for a lease violation and then we refused the rent b/c of 83.56(5)?  That's my dilemma.

Thanks everyone for your input.

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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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question

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<http://www.evict.com/>
Email: harry at evict.com<http://us.mc578.mail.yahoo.com/mc/compose?to=harry@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

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin at esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial:  850-444-3881
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

IRS CIRCULAR 230 NOTICE:  To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or in any attachment.

The information contained in this message is privileged and confidential.  It is intended only for the use of the addressee named above.  If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution, or copying of this message is strictly prohibited.  If you have received this message in error, please notify the sender by reply email and destroy and delete this message.  Thank you for your cooperation.

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