[RPPTL LandTen] Meeting Attendance Record
Please confirm your participation in the Landlord/Tenant Committee Conference Call Meeting of May 29, 2012 by clicking on the link below and typing your name in the box that appears on the browser. Thank you.
I've invited you to fill out the form Landlord Tenant Committee Meeting Attendance. To fill it out, visit:
https://docs.google.com/spreadsheet/viewform?formkey=dEw5STVXdlBEQU9vZWh2NTlmellDd2c6MA
[cid:image001.jpg@01CD3DC2.4EDC42A0]
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com
</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law. If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential. If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited. If you have<br>received this email in error, please notify the sender by<br>email reply. Thank you.<br><pre>
Sorry I had to take care of something and could not complete this. I sent the link multiple times and even tried to see if the landten listserve admin page would give me an option but the email never came through until I left. Did you to this manually?
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Tuesday, May 29, 2012 5:42 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Meeting Attendance Record
Please confirm your participation in the Landlord/Tenant Committee Conference Call Meeting of May 29, 2012 by clicking on the link below and typing your name in the box that appears on the browser. Thank you.
I've invited you to fill out the form Landlord Tenant Committee Meeting Attendance. To fill it out, visit:
https://docs.google.com/spreadsheet/viewform?formkey=dEw5STVXdlBEQU9vZWh2NTlmellDd2c6MA
[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.
The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
Please pardon this message. It was meant for Neil.
Brenda
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Brenda B. Ezell
Sent: Tuesday, May 29, 2012 7:10 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Meeting Attendance Record
Sorry I had to take care of something and could not complete this. I sent the link multiple times and even tried to see if the landten listserve admin page would give me an option but the email never came through until I left. Did you to this manually?
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Tuesday, May 29, 2012 5:42 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Meeting Attendance Record
Please confirm your participation in the Landlord/Tenant Committee Conference Call Meeting of May 29, 2012 by clicking on the link below and typing your name in the box that appears on the browser. Thank you.
I've invited you to fill out the form Landlord Tenant Committee Meeting Attendance. To fill it out, visit:
https://docs.google.com/spreadsheet/viewform?formkey=dEw5STVXdlBEQU9vZWh2NTlmellDd2c6MA
[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.
The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
Neil,
Sorry I missed the meeting; I just got out of a weeklong arbitration and have been preparing for three trials
[http://www.richmangreer.com/emailsig/logo.gif]
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com
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To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
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This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
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arise as a result of e-mail transmission. If verification is required please request a hard-copy version.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Tuesday, May 29, 2012 5:42 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Meeting Attendance Record
Please confirm your participation in the Landlord/Tenant Committee Conference Call Meeting of May 29, 2012 by clicking on the link below and typing your name in the box that appears on the browser. Thank you.
I've invited you to fill out the form Landlord Tenant Committee Meeting Attendance. To fill it out, visit:
https://docs.google.com/spreadsheet/viewform?formkey=dEw5STVXdlBEQU9vZWh2NTlmellDd2c6MA
[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.
The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
Does anyone have any views on requiring renter's insurance in the
residential setting?
Florida law is silent, 3 states specifically allow it by statute.
Thoughts? A while back we were contemplating trying to pass a bill which
would specifically allow it but were hesitant as if it did not pass, it
would look illegal/unconscionable/unreasonable/unenforceable
On another issue, most leases attempt to disclaim liability for damage to
the tenant's personal property.
Does anyone feel that the general implied warranty of habitability could
override this? Example, pipe breaks in ceiling, stuff damaged. Owner liable
or not?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.
Harry:
My opinion (for what it is worth), the warrantee of habitability does not
apply unless the landlord leased the property with a defect. If the
landlord knew (or should have known) of the defect prior to leasing the
rental property, than I think the landlord has a problem. Furthermore, the
landlord is not responsible for damage done to the tenant's property during
a tenancy unless the tenant notified the landlord of a defect and the
landlord did not make the repairs. I won a suit against the Housing
Authority for damage to a tenant's property caused by an electrical fire in
an apartment where there was evidence that the tenant requested repairs to
the electrical system (more than once) and although the housing authority
sent (allegedly unqualified) serviceman to fix the problem it was not fixed
and it caused the file.
On the issue of disclaiming liability for damage to the tenant's personal
property, I almost certain that liability for gross negligence cannot be
waived. The LL/T statute also prohibits provisions in a lease agreement
that purports to limit or preclude any liability . . . arising under law.
I have taken cases with clauses that limited the landlord's liability but
were settled. I also argue that it is an unconscionable rental agreement
and a breach of the obligation of good faith. I haven't had any takers on
litigating these arguments yet (which is very common).
AS for your first question, does anyone have any views on requiring renter's
insurance in the residential setting; I have recently asked myself the same
question. I don't know the answer although it may be a good idea. I
recently faced a case with a lease provision that required the tenant to
provide "liability insurance" and "personal property" insurance. The
landlord went further to provide the insurance company to buy the insurance
and the insurance company reported to the landlord when the insurance
payment was late or wasn't paid by the tenant. My opinion (depending on the
judge of course) is that it is a lease provision that was agreed to by the
tenant. My argument was that is was an unconscionable rental agreement and a
prohibited lease provision because it limited the landlord's liability. I
wasn't sure it was a winning argument so I was looking for a hook on
invasion of privacy, overpriced forced place insurance, unfair and deceptive
trade practice and possible insurance fraud, but the case settled before I
finished by research.
Honestly, I don't like it from a tenant's point of view but I do like the
premise if the landlord would get a discount on their premises liability
insurance which works out to be cheaper for both the landlord and tenant. I
don't think I object to sharing some of the liability if the landlord passed
some of the savings onto the tenant. Two things would have to be true; 1.,
the landlord gets a discount from its insurance company because all claims
up to $10k (insert a number) would be covered by the tenant's insurance, and
2. if $10k of insurance costs a tenant $10 but the same $10k of insurance
costs the landlord $20.00.
This type of lease provision would have to be put into the LL-T statute as
different judges would rule differently. I would not like if it was
considered "additional rent" but would consider it a violation of the terms
of the lease agreement not to carry insurance.
I would like if more of my cases would be litigated so I could get an
opinion and file appeals, but the landlords feel it is cheaper to pay than
litigate and tenants always need the money. My client's favorite phrase is
"show me the money". I guess the only way to get some decisions on these
issues is to litigate them as class actions.
I hope you appreciate my opinion since everyone now knows my trade secrets.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, May 30, 2012 15:28
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Renters insurance
Does anyone have any views on requiring renter's insurance in the
residential setting?
Florida law is silent, 3 states specifically allow it by statute.
Thoughts? A while back we were contemplating trying to pass a bill which
would specifically allow it but were hesitant as if it did not pass, it
would look illegal/unconscionable/unreasonable/unenforceable
On another issue, most leases attempt to disclaim liability for damage to
the tenant's personal property.
Does anyone feel that the general implied warranty of habitability could
override this? Example, pipe breaks in ceiling, stuff damaged. Owner liable
or not?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.