[RPPTL LandTen] Amendment to Section 83.05 FS

[Mike Davis]

Although our Firm is strictly residential I saw that the service of the "landlord's notice" was "two postal days".
two postal days after deposit in the U.S. mails by certified mail, return receipt requested,  to the tenant at the tenant's last known address
Likewise, for the tenant notice to the landlord.
two postal days after deposit in the U.S. mails by certified mail, return receipt requested, to the address that landlord provided for such purpose in the notice of belief of abandonment.


  1.  I was wondering if the term "postal days" is going to give you trouble.  Our clients constantly forget not to count or don't remember the "legal holidays" as defined in Part II in calculating 3Day Notices.  Will the unrepresented commercial landlord do the same with "postal days" in calculating when the tenant's 15 days runs?
  2.  My experience is that the USPO can't be relied on for two-day certified mail delivery.  I realize that the idea is to accelerate the time frame of abandonment.  I would think that a commercial landlord would use overnight delivery to accelerate, assuming the tenant is dodging hand delivery.  If the USPO is the service of last resort, consider using the convention with which the judges are familiar - 5 days (not postal days) for mail, even if it is certified, return receipt.

Lastly, don't get me wrong.  I represent landlords, so support whatever can be done to accelerate possession of the premises and removal of tenant property   That said, will a court have a due process issue by requiring a tenant to give a legally binding address for service of process in order to protect his rights to his own property.  Would this be viewed as the landlord bettering his position under the threat of a statutorily protected abandonment?

Just some thoughts.

Mike
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
mike at mgfdlaw.com
Primary Eservice: eservice at mgfdlaw.com

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Arlene Udick
Sent: Sunday, May 19, 2019 5:15 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>; Stone, Adele <Adele.Stone at bipc.com>; Trey Goldman <treyg at floridarealtors.org>
Cc: skfrazier at hwhlaw.com; mike at heartlandlaw.com
Subject: [RPPTL LandTen] Amendment to Section 83.05 FS

Dear Adele, Trey, and members of the Leasing Committee,

Art Menor sent the Leasing Committee a California legislative history and California Assemble legislation deals with abandonment of commercial property.  The California legislation allows a landlord of commercial property to give notice of belief of abandonment where the rent has been due and unpaid for at least the number of days required for the landlord to declare tenant default under the terms of the lease, but in no case less than three days

Art asked that we look at the California legislation and see if can be addressed in Sect 83.05.  The sub- committee has looked at it and drafted language appropriate to Florida.  Sect 83.05 has been left intact and the new language has been added.

The new language would benefit commercial landlords in that it would allow a landlord to take possession of the property sooner and give certainty to whether the property has been abandoned.  Please review and comments are welcome.  Thanks.  Arlene


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Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176

This office is closed on Fridays.

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