[RPPTL LandTen] 2 Questions
Eric Jacobs
ejacobs at beloffparker.com
Tue May 20 11:55:11 PDT 2014
I see your perspective now, I understand and realize that I was probably reading it wrong. Thanks
Eric Jacobs
eric at beloffparker.com<mailto:eric at beloffparker.com>
Partner
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, May 20, 2014 2:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] 2 Questions
I concur with Mr. Zink. There's no limit to how long a written lease term can be for it to still be governed by Ch. 83, but if it is an oral agreement, then it must be for less than 1 year or else it's invalid altogether under the Statute of Frauds. The placement of the "or" in that section supports Mr. Zink's interpretation, in my opinion.
Cary
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On Tuesday, May 20, 2014 1:30 PM, James Zink <james.zink at frls.org<mailto:james.zink at frls.org>> wrote:
(7) “Rental agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.
I think you are reading the section wrong. You are taking it to mean, essentially, written or oral agreement for a duration of less than 1 year. I believe it is meant to read: a written agreement providing use and occupancy of premises OR oral agreement for a duration of less than 1 year providing for use and occupancy of premises. This would be in line with the statute of frauds issue raised by a previous emailer. Not surprisingly, it is written poorly and can be read both ways, but I think the application as I have seen it uses my interpretation.
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 12:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
Manny with regard to 1 below. §83.43(7) defines a Rental Agreement as any written agreement…for a duration of less than 1 year. §83.56 pertains to Rental Agreements.
I don’t see how the chapter applies to a rental agreement for more than one year.
What am I missing?
Eric Jacobs
eric at beloffparker.com<mailto:eric at beloffparker.com>
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
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Hollywood, Florida 33020 Miami Beach, Florida 33139
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, May 20, 2014 12:08 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] 2 Questions
1. No, just has to comply with the general Statute of Frauds but still maintain right to evict
2. Automatic renewals are problematic for courts, but it can be done if your client really wants to
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 11:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
By entering into a residential lease for more than one year, does a landlord lose the right to evict? It would seem based on the definitions in the statute that if the lease is for more than one year, the landlord would have to foreclose/eject.
Secondarily, to avoid the above, does anyone see any potential problem with entering into a one year lease with an automatic renewal for an additional year unless both parties agree otherwise (rendering it effectively a two year lease without technically being one)?
Eric Jacobs
eric at beloffparker.com<mailto:eric at beloffparker.com>
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi
Sent: Tuesday, May 20, 2014 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner (defendant in foreclosure) remains on property. Court retains jurisdiction to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name defendants as “Unknown Occupants”? Any other suggestions?
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