[RPPTL LandTen] Review Res LL-T Act

[David Weisman]

Section 83.56 (3) Sets forth the three day notice. The section provides that the notice shall 'contain a statement in substantially the following form:'

Tenant defense lawyers get many cases thrown out for minor deficiencies in this statement. I suggest some language that would soften this result so that a tenant who does not pay cannot get more free time. For example, make the Tenant post the rent in order to challenge these deficiencies rather than subject the case to dismissal.

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 Alberto M. Cardet
Sent: Monday, August 01, 2011 12:03 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Review Res LL-T Act

As you all know, we have been asked to provide input as to a possible review and revision of Part 2 of Section 83, the Residential Landlord Tenant Act.  As Neil mentioned earlier this review by the legislature is not of any specific issue or by any particular constituency, more of part of a list of issues that has pending for a while and has been picked for review this session.  It may or may not go anywhere this session, depending on if it gets sponsored.  Also, time is short as we must respond within the next 2 -3 weeks.

What we are looking for from our members is not a re-write of the statute or specific language, but something more along the lines of either bullet points or a short narrative as to recurring issues and how they can be resolved.  We need to provide the net result we would like to see from a change in the statute not actual language.

Please email me directly acardet at justice.com<mailto:acardet at justice.com> your specific issue(s) so that I may compile a list, time permitting we may briefly discuss them at our Thursday meeting.  We would like to schedule a phone conference for late next week so that we can discuss our list of issues in more detail.

Thank you

Albert

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)


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