[RPPTL Leasing Committee] IMMEDIATE COMMENTS REQUESTED

Thu Sep 30 08:17:57 PDT 2021

I rarely have hearings since usually the tenants do not post the money in
the registry and the default is automatic. I am
Concerned that putting in mediation requirements of any kind in any
circumstances will encourage and expand the number of judges who will not
auto enter the judgments per the statute when there are no payments. Those
cases seem to be happening more and more as it is.

Deborah Marks

On Thu, Sep 30, 2021 at 10:36 AM RPPTL Real Estate Leasing Committee <
landten at lists.flabarrpptl.org> wrote:

> 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> 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
> <https://www.google.com/maps/search/783+South+Orange+Ave?entry=gmail&source=g>
> .
>
> 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
> <https://www.google.com/maps/search/1555+Palm+Beach+Lakes+Boulevard+%0D%0AWest+Palm+Beach,+Florida+33401?entry=gmail&source=g>
> West Palm Beach, Florida 33401
> <https://www.google.com/maps/search/1555+Palm+Beach+Lakes+Boulevard+%0D%0AWest+Palm+Beach,+Florida+33401?entry=gmail&source=g>
> (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*
>
> <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
>
> Board Certified Specialist, Condominium and Planned Development Law
>
>
>
> Sajdera, PA
>
>
>
> *Palm Beach Office*:
>
> 200 East Palmetto Park Road, Suite 103
> <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
>
> Boca Raton, Florida 33432
> <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g>
>
> <https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g>
>
> Direct: 561-910-3082
>
> Phone: 561-948-4000
>
> Facsimile: 561-948-6052
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>
>
> *Broward Office*:
>
> 2005 W. Cypress Creek Rd., Suite 203
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>
> Ft. Lauderdale, FL 33309
> <https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g>
>
> Phone: 954-869-0980
>
> Facsimile: 954-869-0981
>
>
>
> Email: cas at saj-law.com
>
>
>
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-- 
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw at gmail.com
deborah at deborahmarks.law
synergy928 at aol.com
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