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

Thu Dec 12 12:00:35 PST 2013

Speaking from the tenant’s side, I am not sure the proposed language is appropriate. Having a maximum number of days for deposit is one thing and worth discussing, but I also believe it is too much of a burden on the individual for the to be getting verified responses filed. The statute already requires evidence be presented with the filing, not simply filing a motion itself. If a judge ignores that and simply grants a hearing based solely on a motion without evidence, that is a judicial discretion issue, not a statutory issue.

Further, this process is already in summary procedure which moves it faster than a normal suit. It’s one thing perhaps to adjust the time in which deposits need be made. It is another to create huge burdens due to a few bad actors in a process that is already expedited compared to most other areas. How is someone supposed to know how much their rent should be reduced for failure to make repairs? Certain things should be left to a fact finder, not the guessing of a pro se tenant.

I operate in the same county as Cary. I cannot say I have seen anything close to that amount of time being offered to my client. To be honest, most times we get the 3-5 days, which I think is the appropriate amount of time because, as Cary said, the presumption is that they have the money but were never given the opportunity to deposit. I think that is reasonable to discuss. All these extra burdens, however, I am not sure are equitable to both parties.

Lastly, since I really think this is an issue with tenant friendly judges being overly generous with their timelines, I have just as many frustrations with landlord friendly judges that ignore clear evidence for reducing rent and refusing rent determination hearings. Just saying that the process, while not perfect, might be ok with some judicial discretion.

James Zink, Esq.
Florida Rural Legal Services, Inc.
3111 South Dixie Highway, Suite 140
West Palm Beach, FL 33405
Phone: (561) 820-8902 x. 6025
Fax: (561) 820-8892

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, December 12, 2013 2:32 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] FW: N-1003 - Landlord Tenant Committee: Legislative Proposal - Landlord Tenant Committee - Evictions

I agree with Conrad 100% and have faced the same problem many times.  Here in PBC, we have a self help center and they regularly counsel tenants to file the Motion to Determine Rent knowing full well the statements are false and is filed solely as a delay tactic.  I'd be willing to work on a committee on this issue. In addition, I would propose the statutory amendment contain language that after the hearing and once the Judge does determine the amount of rent owed, that there be a maximum timeframe that the tenant must post or face automatic FJ - e.g. 3-5 days.  At that point, it has been judicially determined the tenant didn't pay rent, so the short timeline would not prejudice the tenant since it's already a past due obligation.

The reason I bring this up is because some "tenant friendly" judges will often determine that rent is owed and it can often be 3-4 months worth of rent, but give the tenant 2 or even 3 weeks to post, then the hearing a week or more after that.  This basically grants the tenant another free month of rent, which again, completely subverts the purpose of the expedited procedure.

I might also suggest a deadline on when the final hearing would be scheduled after the posting of rent deadline, but I understand that Judge's dockets can be busy and it might be taking it too far to statutorily set a timeline on hearing dates.

My 2 cents.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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On Thursday, December 12, 2013 2:11 PM, "rick.eckhard at hklaw.com<mailto:rick.eckhard at hklaw.com>" <rick.eckhard at hklaw.com<mailto:rick.eckhard at hklaw.com>> wrote:
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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Phone 813.227.6417 | Fax 813.229.0134
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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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