[RPPTL Leasing Committee] comments by 9am tomorrow

[RPPTL Real Estate Leasing Committee]

I completely agree with the reasoning of Deborah Marks to reject this idea of mediation for all leases.  I feel it is bad policy from both a legal perspective for landlords, and for the leasing market.  To me this just opens the door to encourage dishonest tenants to not pay the rent or play games and force the landlord's hand to spend money and lose time and rent for a mediation, rather than just filing an action for a quicker writ of possession.  We need to encourage tenants to be good tenants, lease properties within their financial means, and perform under their leases.  Under the current proposal, it appears successful  landlords in the mediation can't even recover mediation fees.  Please keep in mind that the lease scenario is also different from most foreclosures because the foreclosing landlord will many times be individuals, and not well financed banks.  Many residential landlords will not have the funds to regularly battle game-playing tenants in mediations like a foreclosing bank would or like a large apartment complex owner would.  I agree with Deborah that this policy will force many landlords to increase the deposit amounts or require a larger payment of the rent up front to prepare for this risk of protracted mediation.  Then, that most likely hurts leasing market because a lot of tenants don't have the money to pay an entire year or even 6 months of rent up front, even if they have solid jobs:  otherwise they would be homeowners. If a tenant doesn't pay rent or leave at the end of the lease term, the tenant needs to be evicted as soon as possible and as cost-effective to the landlord.  If the landlord is the one acting badly, the tenants have rights under Chapter 83 and can collect attorney's fees if the prevailing party.

Sincerely,
Ben Wilson

Benjamin E. Wilson. Esq.
The Viera Company
7380 Murrell Road
Suite 201
Viera, FL 32940
Phone:  (321) 242-1200
Email:  Benjamin.Wilson at duda.com<mailto:Benjamin.Wilson at duda.com>

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On Sep 26, 2021, at 4:29 PM, RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>> wrote:

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I completely agree with Deborah.


Gioia DeCarlo, Esq.
Escobar & DeCarlo, LLC
1341 SW 1st St.
Miami, FL 33135
T. 305-324-9823
F. 305-677-9295

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From: <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Reply-To: <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Date: Sunday, September 26, 2021 at 3:05 PM
To: <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Cc: "Christopher A. Sajdera" <cas at saj-law.com<mailto:cas at saj-law.com>>, "Michael J. Gelfand" <mjgelfand at gelfandarpe.com<mailto:mjgelfand at gelfandarpe.com>>
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

Totally opposed to mandatory mediation for residential tenancies. Unlike foreclosures, the tenants have no equity in the property that they are going to lose because something happened and rarely have legit defenses- and when they do have legit defenses they get mediation under the current system. There is no security for the landlord that is protected during the delay time- (i.e. the equity). Every day of delay when Tenant is not paying is pure loss to the landlord that they did not contemplate when executing the lease. The leases executed to date were based upon a contract entered into based upon a statute that said if the tenant did not pay they could send a three day letter and then if the money is not put into the court registry a writ issues pretty damn fast. If the landlord expects a protracted eviction with mediation, they need a much much larger security deposit. And, mediate what? The landlord being pushed to just take less for what consideration?

I understand the sympathy for tenants, but this is an undue interference with contractual rights that were based upon current statutes and retroactively interfering with them is unfair.

Off soapbox now.

Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400

On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>> wrote:
Please review and comment on the attached, along with practical issues.  Please respond by 9am tomorrow.

Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law

Sajdera, PA

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Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
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deborah at deborahmarks.law<mailto:deborah at deborahmarks.law>
synergy928 at aol.com<mailto:synergy928 at aol.com>
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