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

[Lainie J. Simon]

I agree with these points on HB 169.  

If this is to go forward, however, I particularly object that a Lease can be deemed "fraudulent" and "void"?  The consequences of that are rather significant.  If anything, deem the Lease terminable.

I also agree regarding HB 177.
On Jan 23, 2013, at 3:08 PM, Anthony J. Horky wrote:

> 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!
> 2255 Glades Road, Suite 324A 
> Boca Raton, FL 33431
> Phone: (561) 989-3206
> Fax: (561) 989-3204
> Web: www.horkylaw.com
>  
> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com.
> -------------------------------------------------------
> Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
>  
> 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
>  
> <image001.jpg>
>  
>  
> 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
> rick.eckhard at hklaw.com | www.hklaw.com
> Add to address book | View professional biography
>  
>  
> 
> ****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.****
> 
> 
> NOTE: This e-mail is from a law firm, Holland & Knight LLP (“H&K”), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.
> The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
> received this communication in error, please notify us immediately by reply e-mail.
>  
> Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
> cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
>  
> A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.
>  
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten


Lainie J. Simon, Esq. 
185 NW Spanish River Boulevard 
Suite 220 
Boca Raton, FL  33431 
561.445.1361 
561.997.6224(fax) 

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use. 
Ê 


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20130123/733af188/attachment-0001.html>