[RPPTL LandTen] Collecting the registry funds deposited under 83..232 or 83.60 in an action for possession only

[Harry Heist]

What judge?

 

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

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Tuesday, January 14, 2014 9:08 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Collecting the registry funds deposited under
83..232 or 83.60 in an action for possession only

 

I believe 83.61 & 83.625 provide a basis for claiming the rent in the
registry.





Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:   (407) 392-1872
Fax: 1-866-571-3421
dennis at chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation

CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains
legally privileged and confidential information and is intended solely for
the recipient. Should the intended recipient forward this message to any
person or entity, that action could constitute a waiver of the
attorney-client privilege. If the reader of this message is not the intended
recipient, you are hereby notified that any review, dissemination,
distribution, or copying of this communication is prohibited. If this
communication was sent or received in error, please notify us by reply
e-mail and delete the original message.

 

On Tue, Jan 14, 2014 at 5:55 PM, Jeff Mazor <jmazor at mazor.com> wrote:


Some things are so obvious to experienced practitioners, that we are
surprised when newbies don't see the same, obvious points.

I have always understood that, even in actions for possession only (i.e., no
claim for damages), money deposited into the court registry under Florida
statute sections 83.232 and 83.60 not only serves to keep the tenant honest
and avoid stall tactics, but is also intended to provide a fund that the
court can disburse to the landlord. The point is that if and when the
landlord wins possession, the money that was deposited into the registry
corresponding to past due and accruing rent is to be dispersed to the
landlord.

I'm confronted with a judge who seems to believe that if there is no
separate claim for money damages, even if the landlord wins possession,  the
registry funds must be returned to the tenant!!

I haven't found it yet, but does anyone have authority for the proposition
that the registry funds must be paid to the landlord????

Thank you so much.

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd.,  Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax:       954-962-3560
Email:   JMazor at Mazor.com




_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20140114/91550a95/attachment.html>