[RPPTL LandTen] Emergency Order Suspending Evictions

Thu Apr 2 20:06:58 PDT 2020

Correction – the tolling on evictions is clearly limited to residential.  Not so with foreclosures.

Scott A. Frank

Attorney at Law

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Scott Frank
Sent: Thursday, April 2, 2020 10:57 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions

I had the same question Lloyd.  Reviewing the recitals, it appears clear that the intent is to give relief to residential tenants and borrowers.  However, the operative language of the Order does not restrict the tolling of either evictions or foreclosure to residential only.

No political statement here – just an observation of what happens when one rushes legislation (or quasi-legislation as the case may be) without fully vetting it.

These are certainly interesting times.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

3201 W. Commercial Boulevard, Suite 218

Fort Lauderdale, Florida 33309

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From: landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org>  <landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org> > On Behalf Of Lloyd Granet
Sent: Thursday, April 2, 2020 9:50 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org> >
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions

I do not see anything limiting this to residential only. Does anyone know if this is intended to cover commercial as well?

Sent from my iPhone

On Apr 2, 2020, at 8:45 PM, Deborah Marks <deborahmarkslaw at gmail.com <mailto:deborahmarkslaw at gmail.com> > wrote:

 That appears to be what it means- even if the tenant is still fully employed- but It does not mean one cannot declare a default of the contract and demand possession. Just means the courts can’t compel it which was already the case in south Florida by virtue of court refusal to file and/or process

Sent from my iPhone

On Apr 2, 2020, at 8:29 PM, Kristopher Fernandez <KFernandez at kfernandezlaw.com <mailto:KFernandez at kfernandezlaw.com> > wrote:

But what does it mean to “suspend and toll any statute providing for a mortgage foreclosure cause of action or for an eviction cause of action”?

You file a mortgage foreclosure and an eviction lawsuit under the written agreement.

Does this mean that a private lender or private landlord cannot file a foreclosure or eviction lawsuit for 45 days due to non-payment?

Kristopher E. Fernandez, Esquire

Florida Bar Board Certified Real Estate Attorney

114 S. Fremont Avenue

Tampa, FL  33606

(813) 832-6340

(813) 601-3257 (after hours)

(813) 251-0438 (fax)

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From: landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org>  <landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org> > On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org> >
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions

Here is the Order.

<image001.jpg>

Arthur J. Menor
Partner, Board Certified in Real Estate Law 
Fellow, American College of Real Estate Lawyers 

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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 Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions

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As of 7:30 pm, it is still not posted on his website.  But here is the link…  https://www.flgov.com/2020-executive-orders/

You’ll likely need to refresh the page…

Sancha Brennan

Sancha Brennan

The Brennan Law Firm

738 Rugby Street

Orlando, Florida 32804

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From: landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org>  <landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org> > On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org> >
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions

Governor Desantis announced he signed an Order suspending evictions for 45 days.  Has anyone seen the Order?

Albert

Cardet Law, P.A.

1330 Coral Way #301

Miami FL 33145

305-403-7783

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