[RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act.

Fri Jul 22 11:06:54 PDT 2011

I agree with that one too.  Also, Neil, you suggested that the members email you 
directly, but it might be a good idea for any comments to go the group as a 
whole so we can all comment or make added suggestions.  Just a thought.

I have had a few situations where the Tenants are pros and they know if they 
send the 7 day Notice to L/L that it is a defense to payment of rent, but where 
they 7 day is either false or in bad faith or where the tenant then prevents the 
L/L from accessing the property to either evaluate the necessary repairs or to 
make the repairs.  This situation has made it difficult to get the full 
advantage of the expedited process and ends up giving the Tenant an extra month 
or two of free rent before being evicted.

Similarly, the 7 day Notice provision does not specify what repairs are a basis 
for withholding rent.  Again, I've had tenants send a 7 day Notice for a minor 
issue, withhold rent, and prevent access, and the Judge rules in favor of the 
tenant solely because they send the 7 day.  Maybe the statute could be a little 
more clear on what maintenance issues allow withholding rent - e.g. issues that 
affect safety or habitability.

Cary Sabol 
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416 
Phone: (561) 281-2744
Fax:     (561) 691-6049

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________________________________
From: David Weisman <David.Weisman at gmlaw.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Sent: Fri, July 22, 2011 1:51:16 PM
Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential 
Landlord/Tenant Act.

How about:
“Technical deficiencies in the three day notice which do not result in an 
inaccurate demand for rent shall not be a basis for dismissal of an action for 
eviction.”

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

Ft. Lauderdale, FL 33309

From:landten-bounces at lists.flabarrpptl.org 
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 22, 2011 10:05 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: Neil B. Shoter
Subject: [RPPTL LandTen] Review of Part 2, Section 83 Residential 
Landlord/Tenant Act.

Dear Members, I have been contacted by the Policy Chair for the Florida House of 
Representatives, Civil Justice Subcommittee.  Apparently, there is interest by 
the Florida legislature this year to comprehensively review Part 2 of Section 
83, the Residential Landlord/Tenant Act.   I am told that this is not being 
promoted by any particular constituency, but rather was on a list of issues 
pending for a while and has now been picked for this year's session.  We have 
been asked to provide our input on improvements to Part II by mid-August with 
the intention that suggested changes to the Statute would be put into a draft 
proposal by Mid-November for vote in February.   This is obviously a short time 
frame.
I am told that there are no specific issues of concern to State leadership with 
Part 2, but that they would like to see simplification of lease and deposit 
disclosures, and perhaps a re-write of the maintenance statute, which reads 
poorly.
If you practice in the Residential lease area and would like to give input via a 
Subcommittee on this matter, please email me directly as soon as possible.  If 
you wish to submit specific issues and edits to Part 2 to be passed on to 
Tallahassee, you may also email those suggestions directly to me.    Thank you.
Neil Shoter, Chair

 Neil B. Shoter 
Partner / LEED Accredited Professional  

________________________________

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