[RPPTL LandTen] Q regarding abandonment

Fri Feb 24 12:23:38 PST 2012

Meeting is at 3:30?

Alberto M. Cardet, P.A.

1330 Coral Way #301

Miami FL 33145

305-403-7783

305-403-7824 (fax)

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank
Sent: Friday, February 24, 2012 3:16 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Q regarding abandonment

Am I the only one who is not hooked into the meeting (meaning I typed in the wrong conference code twice), or is anyone else listening to this wonderful piano solo?

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p:  (561) 372-7860

f:  (561) 423-5721 

sfrank at saflaw.com

www.saflaw.com <http://www.saflaw.com/> 

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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: Friday, February 24, 2012 1:53 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Q regarding abandonment

I say tenant wins, clock starts ticking in March after rent is not paid.  Aside, from what the statute says, LL needs to exercise common sense, are the utilities still on, mail being delivered, all furniture and personal property in place?  T may have good cause of action against LL.   Interesting scenario, what if rent is behind but T’s absence caused because T has been arrested and does not bond out.  I think I would still evict and remove belongings with Sheriff, to shield LL from any legal action by T.

AL

Alberto M. Cardet, P.A.

1330 Coral Way #301

Miami FL 33145

305-403-7783

305-403-7824 (fax)

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Friday, February 24, 2012 11:55 AM
To: RPPTL Landlord Tenant Committee
Cc: Ryan Parker
Subject: [RPPTL LandTen] Q regarding abandonment

Happy Friday everyone.

I have a quick hypothetical to pose – please assume the facts are as follows:

-Tenants have paid their February rent in full on the due date of February 1st.

-Tenants leave for a 3 week cruise on Valentine’s Day – they don’t inform the LL of their plans.

-On March 1st, Tenants are still on their cruise and the March rent (due on March 1st) goes unpaid.

-On March 6th, Tenants get back from their 3 week cruise and find that the locks have been changed.

-When Tenants confront the LL he says he recovered possession of the dwelling unit on March 5th because he presumed the Tenants had abandoned.

LL argues he was within his rights to presume abandonment pursuant to 83.59 (3)(c) (see below) because on March 5th, the day he retook possession, no one had seen hide nor hair of the Tenants for over half a month.  In addition, when he arrived at his presumption of abandonment, he checked to see if the rent was current and in fact it was not current since no rent was paid on March 1st.  LL also checked and could find no notice of any intended absence from the Tenants.  Thus, LL argues he met the test for presumption of abandonment.

Tenants on the other hand argue that the clock for presumed abandonment should not have started ticking until the rent was not current.  They argue that they were only really absent for 5 days for purposes of the presumption of abandonment test (March 1st to March 5th) since their rent was current from February 14th through February 29th.

Who wins this fight?

Thanks,

Greg

83.59 Right of action for possession.— 

***

(3) The landlord shall not recover possession of a dwelling unit except: 

***

(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or

***

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

The Voice for Real Estate® in Florida

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