[RPPTL LandTen] Eviction issue

[Alberto M Cardet]

Harry

 

I think under the new problematic condo eviction law to lose standing you
need more than just the association's demand for payment; the tenant has to
make a payment to the association.  Section 718.116(11) ends as follows:

 

"The association shall, upon request, provide the tenant with written
receipts for payments made. A tenant who acts in good faith in response to a
written demand from an association is immune from any claim from the unit
owner."

 

If not the loss of standing it gives the tenant a real good affirmative
defense.

 

Albert

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of harry at evict.com
Sent: Monday, March 07, 2011 4:06 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction issue

 

We filed a case, Condo  Association made a demand on tenant after we filed.
Tenant answered. 

 

We are dismissing the case because our agreement with the owner gives us the
right to dismiss, the owner failed to disclose the fact they were delinquent
and we do not tolerate this.

 

If this case were to continue though does the owner lose standing by virtue
of the Condo Association demand? 

 

Another weird twist.

 

Harry

 

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Email: harry at evict.com

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