[RPPTL LandTen] FW: New Tenancy Decision

[David Weisman]

                In case this did not yet get around, this is a great decision.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

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From: Len Lubart
Sent: Tuesday, December 07, 2010 9:54 AM
To: ALL Attorneys
Subject: FW: New Tenancy Decision

For anyone that does landlord/tenant work.

From: condomania-bounces at lists.flabarrpptl.org [mailto:condomania-bounces at lists.flabarrpptl.org] On Behalf Of Michael J. Gelfand
Sent: Tuesday, December 07, 2010 2:57 AM
To: RPPTL Condominium and Planned Development Committee
Subject: [RPPTL-condomania] New Tenancy Decision

Dear Committee Members

Attached is a recent 4th DCA decision, Stanley v. Quest International Inv., addressing a certified question from the Broward County Court:

WHETHER A TENANT CLAIMING A DEFECTIVE OR NONEXISTENT THREE-DAY NOTICE IN A RESIDENTIAL EVICTION IS REQUIRED TO TENDER UNDISPUTED RENT INTO THE COURT REGISTRY AS SET FORTH IN FLORIDA STATUTE §83.60(2) IN ORDER TO DEFEND THE ACTION BASED ON THE DEFECTIVE OR NON- EXISTENT THREE DAY NOTICE.

Answering yes, the decision is notable for holding that in an eviction action for non-payment of rent, the plain language of §83.60(2), Fla. Stat. (2009), requires that a contesting defendant/tenant must post the disputed rent in the court registry even if the statutory Three Day Notice is non-existent, or defective.

Michael J. Gelfand
Florida Bar Board Certified Real Estate Attorney
Florida Supreme Court Certified Mediator:
   Civil Circuit Court & Civil County Court
Gelfand & Arpe, P.A.<http://www.gelfandarpe.com/>
"Assisting Communities to Efficiently Reach Goals"
Regions Financial Tower, Suite 1220
1555 Palm Beach Lakes Blvd.
West Palm Beach Florida 33401
(561) 655-6224

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