[RPPTL LandTen] House Bill 921

Tue Dec 20 10:28:56 PST 2011

Here are my comments to the proposed Bill:

Page 3 of 21; line 83: strike "may" and replace with "shall"

Page 6 of 21: the order of this language in this notice is confusing.  Lines
141 - 145 and 154 - 158 should be revised and combined so that a tenant is
put on notice that the landlord must hold the deposit and if the dispute
cannot be resolved informally, that the parties may bring an action.  The
language ".and either you or the landlord will have to file a lawsuit so
that the court can resolve the dispute" is poorly drafted. 

Page 6 of 21; lines 164 -168:  I agree with Leonard Cabral's comments.

Page 7 of 21; line 169: I don't understand why this subsection is only
applicable to "all other" deposits.

Page 9 of 21; lines 231 - 234: I do not agree.  Why should the new landlord
only be liable for 1 month's rent?  See Leonard's comments.

Page 9 of 21; lines 241 - 250: I agree with Leonard's comments.

Page 11 of 21; lines 289-290:  This provision improperly allows a landlord
of a dwelling unit other than a single family home to write out its
liability for plumbing and electrical.  See Leonard's comments.

Page 11 of 21; lines 292-293: I feel this is unnecessary and over
legislating.  How many other contractual obligations that the landlord has
with third parties will be added next - e.g., "The landlord shall pay the
water bill unless the tenant is obligated to do so," etc.?

Page 14 of 21; line 388: I agree with Leonard's comment; to insert "in
writing"

Page 19 of 21:  Understanding that a tenant who does not pay rent or has
otherwise been legally evicted from the dwelling unit rightly should be
removed, this provision, at least as to legal holidays, seems unfair when
you consider that a tenant's ability to vacate may be hindered by storage
facilities, moving companies and/or rental offices being closed on the
weekend or a legal holiday.    

Thank you.  

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Tuesday, December 13, 2011 1:51 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill 921

Comments in pdf.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, December 12, 2011 9:27 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill 921

If you have any specific comments to the attached proposal that was
circulated last week, please email them to me and Scott Frank by end of this
week so we can pass them on to the Section's lobbyist.

Thank you.

Neil

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Neil B. Shoter 
Partner / LEED Accredited Professional  

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, December 09, 2011 1:25 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill 921

Anyone see this yet?  

It is a big bill.

Does anyone know who is behind it?

Harry Heist

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Email:  <mailto:harry at evict.com> harry at evict.com

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