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

Fri Jul 22 12:33:19 PDT 2011

Those are some very good suggestions - adding on to what Cary suggested, perhaps it could also be specified what is NOT a valid basis for withholding rent under 83.56 91) (e.g., claims of mold).

Also, I’d like to see a couple things in 83.53 revised:

1)      Change “landlord” to “…landlord or the landlord’s agent…”

2)      Change 83.53(1) to read more like 83.53(2) by getting rid of “tenant may not unreasonably withhold consent” to “”landlord or the landlord’s agent may enter the dwelling unit upon reasonable notice…”, and then provide a definition of “reasonable notice” similar to the one in 83.53 (2).  With no definition of what “unreasonably withhold consent” means it leads to way too much ambiguity IMO.

Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28

[cid:image001.jpg at 01C8B0EE.0B556530]

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, July 22, 2011 2:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Review of Part 2, Section 83 Residential Landlord/Tenant Act.

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

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

________________________________
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
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[Email Logo -Resize 30]

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

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional
________________________________
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail<mailto:NShoter at shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com/>

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have

received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it

cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20110722/6c5cc22c/attachment-0001.html 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3508 bytes
Desc: image001.jpg
Url : http://mailman.fsr.com/mailman/private/landten/attachments/20110722/6c5cc22c/attachment-0002.jpg 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 7281 bytes
Desc: image002.jpg
Url : http://mailman.fsr.com/mailman/private/landten/attachments/20110722/6c5cc22c/attachment-0003.jpg 