FAHROgram Article
November-December 2011
Payment of Rent After Breach:
Both a Trap for the Unwary and a Trick of the Trade
by Tabitha S. Fish, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A.
Once a tenant breaches his or her lease, understanding when and how payment of rental amounts should be made can make or break a landlord’s eviction case. Pursuant to Florida Statutes §83.56(5), “If a landlord accepts rent with actual knowledge of a noncompliance by the tenant … the landlord … waives his or her right to terminate the rental agreement or bring a civil action for that noncompliance ….” It is important to note that waiver can occur even prior to the time that the landlord has served the tenant with a lease termination notice or even decided to evict the tenant. For example, acceptance of rent from a tenant after the landlord learns that the tenant has engaged in drug-related criminal activity could act as a waiver under §83.56(5), despite the fact that the landlord has not yet sent a notice of termination, and could prevent the landlord from evicting the tenant based on this offense. What does this mean for public housing authorities (PHAs)?
1. PHAs should consider implementing procedures to ensure that no rent is accepted from a tenant after a property manager becomes aware of a breach by that tenant, a member of the tenant’s household, a guest or other person under the tenant’s control.
2. If any rent is inadvertently accepted after the PHA becomes aware of a tenant’s breach, the rent should be immediately returned to the tenant via certified mail or another reasonable delivery method that allows the PHA to obtain a written receipt from the tenant evidencing such return.
3. A PHA must be cautious during implementation of its grievance procedures as mandated under 24 Code of Federal
Regulations §966.50 - §966.57 in light of the requirements of Florida landlord tenant law and should consult a knowledgeable lawyer for guidance, if necessary.
Citrus County Chronicle
Thursday, July 24, 2008County violated records law
By Mike Wright
A judge this month ruled that citrus County officials violated the state's public records law in a lawsuit involving the Ozello Water Association.
The county must pay for a forensic expert to search the computer hard drive of a consultant to retrieve e-mails that may have been improperly deleted, court records show.
The county also must have a public records policy in place by early September, Circuit Court Judge Patricia Thomas ruled July 2.
It also must pay Ozello Water $21,174 to cover its legal fees ina months-long battle to receive public records.
County Attorney Robert "Butch" Battista did not return a phone call Wednesday seeking comment.
Court records indicated that top county official had little knowledge of state law regarding the protection of public records.
...
In November, Ozello Water attorney Paul Quin sent public records requests to the county and Hoyle, Tanner & Associates, a consultant hired by the county to oversee the Ozello Water agreement.
Although it's a private company, Hoyle, Tanner & Associates, or HTA, must abide by the same public records law because it is doing work that would be done by the county if a consultant didn't do it, Quin said.
Tampa Bay Business Journal
March 31, 2008
Creative professionals seminar focuses on business building skills
By Alexis Muellner, Editor
The Creative Professionals Development Association has organized a full-day event on the basics of business development, including selling techniques, marketing to individuals, groups and agencies, finance skills for getting to the next level and legal advice for navigating creative arrangements.
...
Speakers will include Paul Quin, a partner at Saxon Gilmore Carraway Gibbons Lash & Wilcox, PA in Tampa, Luis Rodriquez of Bayshore Solutions in Tampa, Jon Schickendanz of the Tampa office of the branding firm DMX, which is based in Austin, Texas, and Cheree Weems of Studio Red Media in St. Petersburg.
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