[RPPTL LandTen] Assistance Needed re: Comments on House and Senate Bills

Wed Jan 23 12:08:48 PST 2013

HB169

I do not support HB169.  Although on the surface, it seems to have good
intent, it could cause more harm than good.  Overall, the disclosures
required here, under the threat of criminal penalties, may result in more
foreclosures and less availability of rental properties. Add to that the
fact that a landlord on the verge of foreclosure, who might be able to save
the property with a new income stream (new tenant) would suffer the stigma
of a criminal record, seems too heavy handed.   

For the sake of argument, let's assume that a prospective tenant or a
current tenant up for renewal will not lease property once the disclosure is
made.  With the new revenue stream from a new tenant or a renewal, the
landlord may be able to bring the loan current, refinance the loan, do a
loan modification or workout.  Without the new revenue source, it is more
likely than not that the property will proceed through the foreclosure
process.    This means more rental property in foreclosure and less
availability of rentals for tenants. 

A landlord shouldn't have to disclose to a tenant that it is in foreclosure
or has not made payments within 60 days if the landlord has valid defenses,
and/or has filed a counterclaim, and the lender is in default.  Not every
loan is properly handled by a lender and not all loans are through
institutional lenders, making it more likely that a landlord may prevail in
a foreclosure.  

HB77

I do not support the amendment to s. 83.60 because I believe it will cause
more litigation, not less.  I can appreciate that a dismissal with an award
of fees to the tenant because of a deficient 3 day notice is harsh, but I
have too many questions when I read the provision "Landlord must be given an
opportunity to cure a deficiency in a notice or in the pleadings before
dismissal of the action."  What does that mean?  What type of deficiency?
How egregious of a deficiency?  How many opportunities?  How is the
opportunity given--dismissal without prejudice, or leave to amend?  How much
time will the landlord be given to cure?  How long will the tenant have to
respond to the cured deficiency?  Can this be done without conflict with the
rules of civil procedure?  

The bill has promise but not as currently written.

Thank you. 

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

One Boca Place  New Address!

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Wednesday, January 23, 2013 12:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Assistance Needed re: Comments on House and
Senate Bills

Rick:

As to HB169, I am not comfortable with the concept that the owner must
declare himself in default. The wording which states that if the loan is is
arrears more than 60 days seems to require that. Could the language provide
a standard such as upon receipt of a notice of default beyond the applicable
grace period, the owner must advise the tenant?

David  Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

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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: Friday, January 18, 2013 10:50 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Assistance Needed re: Comments on House and Senate
Bills

Good morning committee members.  We have been asked to comment upon proposed
changes to Part II of Chapter 83, FS (residential leases) and Chapter 723,
FS (mobile home parks).    As to Chapter 83, attached HB 77 amends the
statute re: award of atty fees, eviction actions, and handling of deposits
under residential leases, and HB 169 requires landlords to notify tenants if
their property is in foreclosure.    As to Chapter 723, attached SBs 104 and
106 amend language pertaining to the sale of mobile home parks and lease of
a mobile home park.  

I would greatly appreciate anyone practicing in these areas to review the
proposed changes and provide draft comments.  This should not require a
significant amount of time.  Please let me know if you can help.  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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