[RPPTL Leasing Committee] comments by 9am tomorrow

Mon Sep 27 04:23:25 PDT 2021

In general, I am big fan of Mediations for Eviction cases (or any dispute for that matter).  In fact, many judges along the Southeast coast already schedule a Mediation before they hold any hearings, even though the tenants rarely make the required deposit.

However, I would agree with the group's general consensus that this is unnecessary and will ultimately only delay the process.  In my opinion, there is no impending "flood" of Eviction cases, it's more of an anecdotal talking point for the media and politicians than it is a reality.  There were enough exceptions to the Moratorium to allow enough cases to trickle through the system to avoid a flood. Because of that, combined with the stimulus payments for rent, I have not seen any major increase in Evictions and don't believe there is an actual problem to be solved.  For those reasons, I would not support this proposal as I believe it's unnecessary and not support by the reality of the situation.

Cary Sabol
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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 <landten at lists.flabarrpptl.org>
Sent: Sunday, September 26, 2021 3:04 PM
To: landten at lists.flabarrpptl.org <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

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

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Deborah Marks, PLLC
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