[RPPTL Leasing Committee] comments by 9am tomorrow

[RPPTL Real Estate Leasing Committee]

I  agree with Amanda, this is a solution searching for a problem.

It has been my experience over the last too many years, that if rent is in
the registry you are likely going to mediation.  Point #5 narrows mediation
to cases where the tenant has not been defaulted pursuant to 83.60, just as
it is now.  Otherwise, this mediation program would require amending
legislation.

Albert

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783


On Sun, Sep 26, 2021 at 10:05 PM RPPTL Real Estate Leasing Committee <
landten at lists.flabarrpptl.org> wrote:

> I agree with Amanda.  She hit the nail right on the head.  I believe
> mediation will cause more problems for landlords than it would solve and
> give tenants who are inclined, another arrow in their quiver to live rent
> free.  As written this proposal doesn't clearly define the problem it is
> trying to solve.  Arlene
>
> On Sun, Sep 26, 2021 at 2:53 PM RPPTL Real Estate Leasing Committee <
> landten at lists.flabarrpptl.org> wrote:
>
>> I agree that commercial evictions should not be included.
>>
>>
>>
>> Practically, I think this is unnecessary and further burdens the
>> mom-and-pop landlords who financially cannot afford to maintain a tenant
>> who is not paying rent. I also think it’s a false equivalent to equate
>> evictions to foreclosures.
>>
>>
>>
>> Is it really the general consensus that we are going to see a major
>> influx of residential evictions? If we aren’t responding to an actual
>> crisis, this seems like a solution in search of a problem.
>>
>>
>>
>>
>>
>> [image: Logo Description automatically generated]
>>
>>
>>
>> [image: Text Description automatically generated with low confidence]
>>
>> *Amanda R. Kison, Esq.*
>>
>> Board Certified Business Litigation
>>
>> Bentley Goodrich Kison, P.A.
>>
>> Main: (941) 556-9030
>>
>> Fax: (941) 312-5316
>>
>> *akison at bgk.law <akison at bgk.law>*
>>
>> 783 South Orange Ave.
>>
>> Third Floor
>>
>> Sarasota, Florida 34236
>>
>> *www.bgk.law <http://www.bgk.law/>*
>>
>>
>>
>> [image: Title: Facebook - Description: Facebook icon]
>> <http://www.facebook.com/bgk.law>
>>
>>
>>
>>
>>
>> *From:* landten-bounces at lists.flabarrpptl.org <
>> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
>> Leasing Committee
>> *Sent:* Sunday, September 26, 2021 2:18 PM
>> *To:* landten at lists.flabarrpptl.org
>> *Cc:* Christopher A. Sajdera <cas at saj-law.com>; Michael J. Gelfand <
>> mjgelfand at gelfandarpe.com>
>> *Subject:* Re: [RPPTL Leasing Committee] comments by 9am tomorrow
>>
>>
>>
>> On page 3, 5. a. provides as follows:
>>
>>
>>
>> “5.          If implemented, considering whether narrowing mediation
>> availability would be appropriate based on one or more of the following
>> qualifications:
>>
>> a.            Residential tenancies, without precluding use in commercial
>> tenancies, the procedures of which are adapted to balance the interests of
>> the parties;”
>>
>>
>>
>> It does not appear reasonable that commercial tenancies in Florida be
>> subject to Statewide Managed Mediation Program, for among other reasons, I
>> believe that the eviction ban in Florida did not apply to commercial
>> tenancies.
>>
>>
>>
>> Jay A. Taplin
>>
>> Florida Bar Board Certified Real Estate Law
>> Taplin & Associates
>> Suite 1510
>> 1555 Palm Beach Lakes Boulevard
>> West Palm Beach, Florida 33401
>> (561) 684-8399 (ph)
>> (561) 471-8055 (fax)
>> jtaplin at taplinlaw.net
>>
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>>
>>
>>
>> *From:* landten-bounces at lists.flabarrpptl.org <
>> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
>> Leasing Committee
>> *Sent:* Sunday, September 26, 2021 1:36 PM
>> *To:* landten at lists.flabarrpptl.org
>> *Cc:* Christopher A. Sajdera <cas at saj-law.com>; Michael J. Gelfand <
>> mjgelfand at gelfandarpe.com>
>> *Subject:* [RPPTL Leasing Committee] comments by 9am tomorrow
>>
>>
>>
>> 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
>>
>>
>>
>> *Palm Beach Office*:
>>
>> 200 East Palmetto Park Road, Suite 103
>>
>> Boca Raton, Florida 33432
>>
>> Direct: 561-910-3082
>>
>> Phone: 561-948-4000
>>
>> Facsimile: 561-948-6052
>>
>>
>>
>> *Broward Office*:
>>
>> 2005 W. Cypress Creek Rd., Suite 203
>>
>> Ft. Lauderdale, FL 33309
>>
>> Phone: 954-869-0980
>>
>> Facsimile: 954-869-0981
>>
>>
>>
>> Email: cas at saj-law.com
>>
>>
>>
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