[RPPTL Leasing Committee] IMMEDIATE COMMENTS REQUESTED

[RPPTL Real Estate Leasing Committee]

PLEASE BELOW FROM MR. GELFAND:

Thank you to Committee members and yourself for the swift response.  The responses were helpful for a call I just completed for the Pandemic Task Force co-chairs to present to their Task Force meeting this afternoon.

Taking the comments to heart, especially the concerns over further delay and expense, and the Court’s great concern over the ability to efficiently, including not sacrificing doing so effectively, handle evictions there is a willingness, a great desire, to consider the comments and refine the recommendations.

Hearing the comments, one consideration is to propose that if the parties are present at the time of the final hearing, to hold a mediation immediately at that time, before being called to the bench for the final hearing.

If there is a desire to resolve short of a writ of possession, this would be an excellent time to do so.  This would not delay the expedited nature of the procedure, assuming that the courts are able to otherwise schedule, and would not entail a second appearance.

As benefits to all, Courts and parties, this would move negotiations from in front of the judge where they frequently have occurred but should not, and courts will in the future not have time to handle these negotiations, and move negotiations to a mediator, freeing up the Court to hear and rule on the next cases, avoiding delays for everyone waiting in line.  If quick possession is sought, this allows the parties to negotiate terms.  Similarly, if the parties would be willing to continue occupancy, but need to address back rent, assuming they are willing to do so to stay/allow possession, then this allows that effort.

Preserves the expedited nature, no additional court day or delay, and for those cases where there is not a no show by a party, allows them to communicate, especially as so many parties, landlords and tenants, do not necessarily communicate well with each other.

Thoughts by Wednesday noon would be appreciated.  This seems to be a win solution for call taking into account the comments.


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 11:23 PM
To: RPPTL Landlord Tenant Committee <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

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<mailto: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<mailto: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.


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Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Goodrich Kison, P.A.
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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 RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 2:18 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

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<mailto:jtaplin at taplinlaw.net>

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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 RPPTL Real Estate Leasing Committee
Sent: Sunday, September 26, 2021 1:36 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: [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:
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Email: cas at saj-law.com<mailto:cas at saj-law.com>

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