[RPPTL LandTen] The new condo law

[Shane Weaver]

Harry,

The legal services Housing Umbrella Group tried to fix some of the problems in the bill, but our advice was not taken. The law is great for associations, but basically destroys a tenant's right to withhold rent. Not to mention, some of the provisions are simply confusing, and there's no statutory demand language as with Chapter 83.

I fear that the law will lead to unnecessary litigation and avoidable evictions. Hopefully the legislature will re-visit this next session.

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of harry at evict.com
Sent: Friday, July 09, 2010 12:43 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] The new condo law

Hi All,

We have already had over 10 situations regarding this and the CA/HOA making the rent demand.  The law is indeed a mess.

The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it.

What about repairs? What about if a tenant is in a legitimate rent withholding posture?  What about the definition of landlord in FS 83 and this new law?

Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop.

Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA.  And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA.

Here is my sample form.

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<mailto:harry at evict.com>
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