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

Thu Dec 12 12:44:11 PST 2013

Hi All,

I don’t think it will do any good. The judges do what they want.  The law is
pretty clear right now and the judges still set the cases for hearings.  We
deal with thousands of these cases a year, we file thousands of motions for
the default and we find that judges who set hearings fully know the law. I
personally don’t feel it will change the way these judges handle the cases.
If the procedure in a proposed bill is looked upon as burdensome or
complicated for the tenant, it will be fought vigorously by the attorneys
who represent tenants OR the bill will get amended and you have a whole new
fight and complication on your hands.

For the most part, unless a judge is brand new on the bench, the tenant
usually is required to place the money into the registry the same day or in
a few days. I don’t see the problem Carey is referring to much.  They almost
always do not post the rent so they get a few more free days.

In order to get the LL/TEN Act changed, unless you have a completely
technical unopposed change or have a legislator who is hard core into
getting their bill passed as we did last year with Stargel's bill, without
the lobbyists from FAR and the Florida Bar pushing the bill all I can say is
good luck. Legal Services will oppose it and it will become quite a fight. I
have spent thousands of volunteer hours doing all of this on behalf of the
Florida Apartment Association and have fought, helped write, rewrite, get
passed or amended almost all of the changes to the LL/TEN Act in the last 20
years and all I can say is that I can’t do it anymore. 20 years was enough.
This was all in concert with the lobbyist Ron Book who was paid for this and
he worked extremely hard fighting the battles that ensued. I don’t see the
Bar or FAR doing this and taking up what will become a battle.

Just a thought for the day!

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com <http://www.evict.com/>  
Email: harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of
rick.eckhard at hklaw.com
Sent: Thursday, December 12, 2013 2:11 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] FW: N-1003 - Landlord Tenant Committee: Legislative
Proposal - Landlord Tenant Committee - Evictions

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

Equity Partner

100 North Tampa Street, Suite 4100 | Tampa FL 33602

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
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

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