[RPPTL LandTen] Question regarding tenant's payment into court registry

Tue May 26 11:52:47 PDT 2015

Thanks Dave, and that is exactly the problem I'm having.  Most cases settled if the tenant pays, but a few landlords just want them out anyways.
So if anyone in the group has such a case, appreciate the citation.
Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.  Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
      From: Dave Weisse <david at evict.com>
 To: 'Cary Sabol' <sabollawoffice at yahoo.com>; 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
 Sent: Tuesday, May 26, 2015 2:50 PM
 Subject: RE: [RPPTL LandTen] Question regarding tenant's payment into court registry

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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 26, 2015 2:34 PM
To: Leonard Cabral; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Question regarding tenant's payment into court registry  Thanks Leonard and I agree with you.  Problem is I'm trying to find some case that clearly states this.  I have a commercial case that is right on point, but that's commercial and although most of us know that's clearly how the statute operates, Judges either aren't quite as familiar with that part of the law or just want to see case law supporting it.  Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.  Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.  From: Leonard Cabral <LensLaw at Lenslaw.com>
To: Cary Sabol <sabollawoffice at yahoo.com>; RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Tuesday, May 26, 2015 1:12 PM
Subject: RE: [RPPTL LandTen] Question regarding tenant's payment into court registry  COMPARE the language in the chapter 83 and the mobile home statute.  The mobile home statute allows the person who pays to stay.  That language is absent in chapter 83.   Paying money into the registry of the court the opportunity for a defense such as legally withholding rent, retaliatory eviction, Fair Housing violations, failure of numerous public housing requirements before eviction, etc.  If those defenses are valid the judge rules for the tenant who can stay in the property. Leonard P. CabralLeonardcabral at lenslaw.com     From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, May 26, 2015 8:34 AM
To: Manuel Farach; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Question regarding tenant's payment into court registry Thanks Manny.  I'm looking for a residential context.  There is actually a case that says landlord proves a prima facie case for eviction when it proves (1) rental agreement; (2) tenants failure to timely pay rent; and (3) service of a 3 day notice.  So I interpret that to mean once the 3 day period expires, tenant can be evicted even if it pays rent into the registry after filing of eviction case.  However, that is a commercial case, not a residential. Anyhow, thanks for your input, I'll see what the rest of the group has to say. Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.  Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. From: Manuel Farach <MFarach at richmangreer.com>
To: 'Cary Sabol' <sabollawoffice at yahoo.com> 
Sent: Saturday, May 23, 2015 6:40 AM
Subject: RE: [RPPTL LandTen] Question regarding tenant's payment into court registry Cary,I’ve viewed it as the Three Day Notice being a statutory condition precedent to filing suit (see Judge Gross’s opinion in Bell v. Kornblatt regarding the waivability of the Three Day Notice). I don’t think the notice has the ability to terminate the lease, and I think that can only be done by a judgment under 83.20. I’d like to see if anyone else has the same opinion.Manny Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida BarRichman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach at richmangreer.com
V-cardwww.RichmanGreer.comU.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.  From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, May 22, 2015 5:27 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Question regarding tenant's payment into court registry Hi All, Hope everyone is doing well and looking forward to a relaxing holiday weekend.  I wanted to ask the group if anyone might know of any case law that stands for the proposition that even if the tenant posts the rent money into the court registry, the landlord still have the right to terminate the lease and obtain an eviction judgment at a final hearing, despite the tenant's posting of the rent money. In other words, it is my understanding that if a landlord delivers a valid three day notice and the tenant does not pay within that deadline, then the lease is terminated.  So if the landlord then files for eviction and the tenant ends up posting the rent due in the court registry, the landlord can still proceed with eviction and obtain an eviction judgment.  I know this is the state of the law, but just don't have a case to support it.  Supreme Court would be nice or 4th DCA, but anything will help.  I've recently had a few judges basically say to me that since the tenant has paid the rent now, they can stay on the premises. Any help is much appreciated. Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.  Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.   

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