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7 day notice may not be used to demand payment of rent
In Diaz v. Torres, [County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-010491-O, Division 72. September 24, 2012. Wilfredo Martinez, Judge, 19 Fla. L....
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Successive notices
The courts have consistently held that successive notices cancel out all prior notices. In Hyde v. Brennan County Court, 3rd Judicial Circuit in and for Columbia County. Case No. 06-100-CC. March 1,...
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Standing to sue
The Plainitff was the president of a corporation that owned the subject property in an eviction. The tenant filed a motion to dismiss on standing. The court ruled that being the president of the...
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Mortgagee failed to satisfy condition precedent where notice of intent to...
Defendants moved to dismiss a mortgage foreclosure on the basis that the “notice of intent to foreclose” sent by Plaintiff to Defendants complied with the notice requirements of clause 22 of the...
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Tenant’s post judgment bankruptcy did not operate as automatic stay of eviction
A landlord had obtained a judgment of possession and a writ of possession had issued. The tenant then declared bankruptcy and filed a motion to stay the writ of possession based on the automatic stay...
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Verification of complaint by employee of “contractual servicer” for the...
A Complaint for mortgage foreclosure contained a verification by an employee of the “contractual servicer” for the Plaintiff and not the Plaintiff itself. The court noted that in adopting the amendment...
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Where previous eviction action against defendant was dismissed, and the court...
Plaintiff filed an action to evict Defendant. The court ruled in favor of the Defendant and the case was involuntarily dismissed. The court subsequently entered a Final Judgment for Attorney’s Fees...
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Mortgage was not in default on date specified in complaint due to mortgagors...
Plaintiff filed a complaint for foreclosure on September 29, 2010. Plaintiff alleged in its Complaint that: The Mortgage Note and Mortgage are in default. The required installment payment of June 1,...
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7 Day Notice Defense
A landlord issued a tenant a 3 day Notice for non payment of rent due 3/8/13 with a due date of 3/14/13. On 3/26/13 the landlord filed an eviction for non-payment of rent. The tenant was served on...
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Failure to establish that plaintiff was in possession of promissory note...
The original complaint, filed by prior counsel Ben-Ezra & Katz, P.A., contained a count seeking to foreclose a mortgage and a count seeking to re-establish a lost note in which New Century Mortgage...
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Eviction of a boat
Marina owner’s action for residential eviction against defendant who rented slip at marina, and occupied boat that remained stationary, and was used exclusively as a residence, defendant’s contention...
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Tax Deed upheld despite the fact that notice to mortgagee’s record address...
Mortgagee sued to overturn a tax deed sale extinguishing its two mortgage liens on the subject property on the basis that the notice sent to it was returned as undeliverable. Florida Statutes...
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Court awards Contingency fee multiplier of 2 x $300/hour to prevailing...
Landlord filed an eviction. Tenant’s attorney filed a motion to dismiss. Landlord filed a voluntary dismissal. The court ruled that upon a voluntary dismissal by landlord, tenant is the prevailing...
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Deadline to deposit rent into the court registry is absolute.
Appellee Adamo, (“Trustee”), is the landlord of a commercial lease with tenant St. Petersburg Pain. The Trustee filed a Complaint for Eviction. On July 30, 2012, a Default Judgment for Possession was...
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Attorneys increasingly the victims of email fraud
LawPro reports that the number of frauds perpetrated on attorneys by bogus emails continues to rise and over half of the recently reported frauds were reported by attorneys in the United States. If...
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Sweeping changes to the Residential Landlord Tenant Act signed into Law June...
House Bill 77 was signed into Law June 7, 2013. The 20 page bill extensively amended the residential landlord tenant act. The changes are as follows: §83.42 (2) 83.42 Exclusions from...
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Property manager’s claim on security deposit rejected for failure to use...
In DUVALL vs. SUNSHINE STATE REALTY & ASSOCIATES, INC., a property manager drafted his own claim on security deposit form, instead of using a Florida Bar approved form, and then went on to...
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No Deposit, No Return !
The failure of a landlord to seek monetary damages as relief from a tenant (in contrast to mere possession) does not relieve the tenant of the obligation to deposit the rent claimed in the 3 day notice...
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Breach prior to taking occupancy.
The parties entered into a residential lease. Prior to moving in, the Plaintiffs (tenants) paid the Defendant (landlord) one-month’s rent. Pursuant to the agreement, the Plaintiffs were supposed to...
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FRAUD ALERT – Fraudulent Deeds Conveying Bank-owned REO Property
Old Republic Title Insurance Company reports seeing a number of claims in Florida emanating from forged deeds on foreclosed, bank-owned properties. The forged deeds are into trusts and the transaction...
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