[RPPTL LandTen] FW: N-1003 - Landlord Tenant Committee: Legislative Proposal - Landlord Tenant Committee - Evictions

Thu Dec 12 11:11:22 PST 2013

Good afternoon, fellow L/T Committee members,

Conrad Kahn, in his trailing email, suggests that the committee consider proposing an amendment to Florida Statutes § 83.60.  As chair of the legislative subcommittee, I'd like to get a feel for committee member support for Conrad's suggestion.  I'd also like to hear from those willing to work on this matter.  Thank you, Rick
Richard Eckhard | Holland & Knight
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_______________________________________________________________________________________
From: Conrad Kahn [mailto:conradkahn at gmail.com]
Sent: Thursday, December 12, 2013 11:53 AM
To: Lloyd Granet; safrank at arnstein.com<mailto:safrank at arnstein.com>
Subject: N-1003 - Landlord Tenant Committee: Legislative Proposal - Landlord Tenant Committee - Evictions

Lloyd & Scott,

I'm a member of the Landlord/Tenant committee for the RPPTL section of the bar.  I have an idea for a legislative proposal regarding evictions and I'd like to share my idea with you and, if possible, receive some feedback if you think it is feasible or an idea worth exploring.

In my practice, I deal with evictions often.  Often, a tenant files a "Motion to Determine Rent" under Florida Statutes § 83.60 merely as a delay tactic.  The hearing proceeds, and even when the tenant admits the amount of rent at the hearing, the judge nonetheless allows the tenant further time from the date of the hearing to deposit the rent into the Court.

This whole charade by tenants circumvents the purpose of the relevant statutes in affording Landlords a quick eviction remedy.

My proposal is as follows:  If a tenant wishes to file a "Motion to Determine Rent," the Tenant must also file a verified affidavit stating what the tenant believes the rent should be, deposit that amount into the Court with the filing of the motion, and state the grounds for why the rent should be lower than the amount alleged in the complaint.  In addition, based on the verified affidavit and motion, the Judge should be permitted to make a determination ex-parte, in Chambers without a hearing.

I truly believe this process would help ameliorate the problem of landlords face when tenants filed unwarranted "Motions to Determine Rent."

What do you think?

Conrad Kahn Esq.
Conrad Kahn P.L.
FBN. 104456
P.O. Box 41-4213
Miami Beach, FL 33141
T.  (305) 865-0865
F.  (305) 200-0139
Email:  ConradKahn at gmail.com<mailto:ConradKahn at gmail.com>

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