[RPPTL Leasing Committee] Eviction Question

Fri Feb 26 06:21:58 PST 2021

In the looming attorney fee battle, it should not be lost on the Court that the landlord obtained what was sought when the eviction action was filed: possession.     

David Weisse 

LAW OFFICES OF 
HEIST, WEISSE & WOLK, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:      david 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 RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 6:16 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL Leasing Committee] Eviction Question

I agree with Amanda, no judgment for damages, including attorney fees and costs without personal service see 83.625 below.  Also feel a motion to dismiss is appropriate as the case is moot once the tenant vacated.

83.625 Power to award possession and enter money judgment.—In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent, if the court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to possession of the premises, the court, in addition to awarding possession of the premises to the landlord, shall direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment with costs in favor of the landlord and against the tenant for the amount of money found due, owing, and unpaid by the tenant to the landlord. However, no money judgment shall be entered unless service of process has been effected by personal service or, where authorized by law, by certified or registered mail, return receipt, or in any other manner prescribed by law or the rules of the court; and no money judgment may be entered except in compliance with the Florida Rules of Civil Procedure. The prevailing party in the action may also be awarded attorney’s fees and costs.

Alberto M. Cardet, Esq.

Cardet Law, P.A.

PO Box 830746

Miami FL 33283

305-403-7783

On Thu, Feb 25, 2021 at 5:52 PM RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org> wrote:

“T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50”

How is this construed as “an agreement”? 

How many times did you hear a tenant say: “Use my security deposit for my rent owed”?   Is that an agreement? 

Harry

UPDATED RESOURCES ON CDC ORDER - MARCH 31 EXTENSION <https://evict.com/cdcresourcesmarch>   

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 

Visit us on Facebook

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 <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 3:54 PM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

In light of that, I would encourage the Tenant to file a Motion to Vacate the Default (likely as to the damages count only) and defend on the basis that the claim was resolved by settlement. 

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com <http://www.thebentleylawfirm.com/> 

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19.  As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm  unless absolutely necessary.  We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 3:10 PM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Thank you so much Amanda!  The Tenant did default because he reached out directly to the landlord believing that this would resolve the issue and the case would be dismissed. 

From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:59 PM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question

Hi Brenda!

If I understand the fact pattern correctly, its not an issue of mootness given that the lease has now expired, but that the eviction was resolved as a result of the agreement to offset (the security deposit?) to the amount owed for the last two months of rent. If they did in fact reach an agreement the Oct/Nov rent, I would argue the Landlord is estopped from seeking a final judgment of eviction as a result of the settlement and Tenant’s relinquishment of possession. 

A few other points of concern: is the Tenant defaulted? Normally, if there is no personal service, there can be no judgment for damages or fees as to the tenant, only a judgment for possession. Even if the Tenant is defaulted, he/she would still have the right to contest the amount of damages, which includes the attorneys’ fees requested. 

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com <http://www.thebentleylawfirm.com/> 

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19.  As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm  unless absolutely necessary.  We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, February 25, 2021 2:25 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Eviction Question

Hi everyone.  I have an eviction question (and for those of you who know me, no I am not the litigator here 😊).  Here are the relevant facts:  

Lease ends November 30th. 

T fails to pay rent for October and November

L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door)

T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50

T moves out and T & L inspect the property at the end of the lease.  

L relets the premises

L sends notice of claim to withhold SD and notice of balance of <$50

Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees.

My question is whether the eviction action is moot since the lease has expired.  I believe it should be dismissed since there is no longer a LL/T relationship between the parties.  

Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot.  

Thanks for your thoughts.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

BCS

3560 Cardinal Point Drive, Suite 202

Jacksonville, FL 32257

904.432.3200 (o)

904-432-3201 (f)

 <http://www.ezellfirmpa.com/> www.ezellfirmpa.com

Secure Insight Registered Closing Agent Seal

PANDEMIC ALERT:  All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND OUR SAFETY. WE APPRECIATE YOUR COOPERATION.

WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. The emails look legitimate but they are not. You are advised not to wire any funds without personally speaking with the intended recipient to confirm the routing number and the account number. You should not send personal information such as social security numbers, bank account numbers and credit card numbers except through secured email or personal delivery to the intended recipient.  Please proceed with caution.  Ezell Law Firm, P.A. is not responsible for any wires sent by you to an incorrect bank account.

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

_______________________________________________
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/20210226/6785d39d/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 1153 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20210226/6785d39d/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 2513 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20210226/6785d39d/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 7009 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20210226/6785d39d/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 14329 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20210226/6785d39d/image004-0001.jpg>