[RPPTL LandTen] (no subject)

Thu Mar 3 08:46:46 PST 2011

While I like the idea, I think that the proposal in 83.49 is going to cause more trouble than cash. It is going to have lenders or annoyed tenants filing criminal charges which will have to be dealt with.

Anyone who thinks that a defaulting property owner will come forward with the security deposit and advance rent also believes that the same person has these funds in a separate bank account, probably at the First Bank of the Easter Bunny.

Rather than make it criminal, why not provide a right of setoff to let the tenant do what they are going to do anyway.

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: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, March 02, 2011 11:34 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] (no subject)

Our Committee has been asked to provide comments with respect to the attached proposed Bills.  Senate Bill 738 creates notice prerequisites prior to termination of residential tenancies by a successor in interest by foreclosure to harmonize with the Federal Protecting Tenants at Foreclosure Act of 2009.

 SB 784  modifies Section 83.49 relating to security deposits in event of foreclosure and creating Section 83.683 dealing again with notification of residential tenants prior to termination in foreclosure.  Note the sunset of this law n 2013.

Please provide any specific comments on these bills by no later than end of the day on Friday so that they may be passed onto our legislative committee.  You may give comments directly to our Co-Chair Scott Frank.

Thank you.

Neil

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Neil B. Shoter
Partner / LEED Accredited Professional
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