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[RPPTL LandTen] Olen and Equity Cases

HH
Harry Heist
Thu, Mar 12, 2015 7:27 PM

For anyone who has not been around long, note both of these cases were decided before the change to the law in 2008 where we now have the liquidated damages provision in 83.595.

Between 2004 or so and 2008 anyone who knew about Equity and all the other cases immediately stopped charging liquidated damages for early lease breaks.

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:  http://www.evict.com/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, March 12, 2015 2:55 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renters insurance issue

Since you insist:

Public Policy dictates that commercial leases are not adhesive contracts and that commercial tenants can negotiate their own leases with their own lawyers as the market dictates.  As Harry said, anything goes in commercial leases.  Since residential tenants have less or no bargaining power with landlords and the leases are akin to adhesive contracts,  residential leases are driven by statute and nothing in the lease can be contrary to the statute. Read Olen Properties attached for an opinion dealing with FS  83.47  Prohibited provisions in rental agreements.-- (1)  A provision in a rental agreement is void and unenforceable to the extent that it: (a)  Purports to waive or preclude the rights, remedies, or requirements set forth in this part.

Also notice the tone of  83.44  Obligation of good faith;  83.45  Unconscionable rental agreement or provision: 83.47  Prohibited provisions in rental agreements; 83.64  Retaliatory conduct; and my personal favorite, 83.67  Prohibited practices.  The public policy is to protect tenants from unscrupulous landlords and landlord from tenants that do not pay rent.

Leonard P. Cabral, Esq.

Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, March 11, 2015 10:50 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Renters insurance issue

There is nothing in residential. In commercial, almost anything goes as contract is more important than law. Commercial landlords and tenants can agree to almost anything.

In residential, if you go overboard, some other statutes come into play.

Leonard, let it rip!!!

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:  http://www.evict.com/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jay Taplin
Sent: Wednesday, March 11, 2015 10:44 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renters insurance issue

Harry, I have a question.  If a commercial landlord can require a tenant to pay for CGL and Property Insurance regarding or on the whole or part of the property as a covenant in the Lease, such as in a NNN Lease or otherwise such as a by a pass through, what in Part II of Chapter 83, prevents a residential landlord from doing the same?

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)
mailto:jtaplin@taplinlaw.net jtaplin@taplinlaw.net

This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law.  If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address.  Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, March 11, 2015 10:13 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Renters insurance issue

Agreed on the mortgage deal Dennis and the self-storage scam. I paid it myself then showed them my homeowner’s policy and they removed it but even that was just for MY property, not if I burned down the storage unit.

Does anyone have any law on this?

My guess is that the tenant will not be able to get insurance on their own thus getting the $9 - $11 extra hit each month and worse yet, it is possible the apartments will profit from this and I was under the impressions that if they are not an insurance company, they cannot get any profit from providing or selling or whatever is going on.

If someone out there knows insurance law, I will just refer this to them and possibly many more to them as this is popping up. Same addendum so I presume there is an insurance company who targets apartments pushing this nationally.

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:  http://em.taplinlaw.net/wf/click?upn=8nntNZ5zdQ3u0n-2BzXdOTtw52LfdpFuCQN3DP82ASo7Q-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZv0hC4ryyJWH9FTel6kWiD2HzaMsnE2lBEYE2otQUHLQMoxFBXuhWB8vpQ9GdPN6flysLdesJlkaAxn5r3D-2FjlvPqyRR85NGR4fNoQZlI1ETAImEIkIgjDsZTSv7v-2FHlWJ9NM-2Fw1ghOLHeJ-2BvnWeRlA-3D www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

http://em.taplinlaw.net/wf/click?upn=GXMfl0nVDAn71Xmty-2FYWswPTPJR14sko-2BAILHLa-2BV-2Bv21tZgg2JuBXPszN0V-2BLqLkYpWpdPR9v3XlTVQ-2F0ZGxhk35LGwH4TVNsC8lfu7gGU-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZvInCIvBhWyVm-2BLv6J8ErbXSrJT-2FI-2FqzPx4nGjDGVjgKMIukEnF6wnGZ8LbbK2eVW8XzPEC3RvPSfUB-2FYm0-2F-2BMArWataPTKia8XNzbSIP-2FFGVH6iLIcurAGQTxN4hVFslmfpWRSS8WRBqlqbuANB9-2Fk-3D

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Tuesday, March 10, 2015 9:59 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renters insurance issue

Harry,

That is common with mortgage lenders.  If you stop paying they will purchase an insurance policy that only insures the lender's interest.  That is fine in a mortgage situation because the borrower owns the house.  I don't think it is appropriate in a residential landlord-tenant situation because the tenant has no ownership interest in the property and the landlord is just passing along their insurance cost to the tenant.

It seems to be an additional source of income for landlords.  My storage space sent me a notice and started including a bill for something like that.  I had to provide a copy of my homeowners insurance policy for them to stop billing me.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation

******** NEW ADDRESS effective 1/5/2015 ********

Physical address is listed above.  The new mailing address is:

Chen Law Firm PA

PO Box 784419

Winter Garden FL 34778

Telephone and email remain the same.

CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Tue, Mar 10, 2015 at 4:00 PM, Harry Heist harry@evict.com wrote:

Here is a doozy.

Apartment community wants tenant to purchase renter’s insurance (not just the cheapo contents insurance) This is the insurance that covers what a tenant may do to the premises. (usually fire/flood) I am seeing this particular form pop up all over.

  1.  They require it and it is the type that covers liability for damage to landlord’s property (fire, flood)
    
  2.  If the tenant does not get it or it lapses, they then charge the tenant $11 per month and they buy it from whoever they want and it insures the LANDLORD, not the tenant.
    

This is way out of my league.  This is a landlord forcing a tenant to pay for insurance that does not even cover the tenant.

See attached.

Anyone really know their stuff on this?  I think I need to refer this out.

Having a policy where another person/company is an additional insured is one thing and is totally common  but charging a person to buy insurance for another person/company when it does not even cover the person who is paying for it???

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website:  http://em.taplinlaw.net/wf/click?upn=8nntNZ5zdQ3u0n-2BzXdOTtw52LfdpFuCQN3DP82ASo7Q-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZsSgbFKoI5Pi9gSHXDcxPKXqIiQe5TWAfyfvyz4e2aKROmiT98FTfRNyeFlWS7eUlg57yrmkXkagpot39lgyM4fvJdQF3Bonl9syQ0jhjf7TQ-2FHbn1jyyASNf2oOvzCQdhJP0IlBNXhL4D5Z1BuvuxE-3D www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

http://em.taplinlaw.net/wf/click?upn=GXMfl0nVDAn71Xmty-2FYWswPTPJR14sko-2BAILHLa-2BV-2Bv21tZgg2JuBXPszN0V-2BLqLkYpWpdPR9v3XlTVQ-2F0ZGxhk35LGwH4TVNsC8lfu7gGU-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZhtoPTOkoAKYHMCAAuq0tUFe8KAYpv3iN0l60Gs3UHKD-2BpuX1voLgLv-2FQO5BStcJDon7h8EMZrsJFDR8TX3U8L-2FToyLE4Md1ounPIzYGSRSEylDog1mL4XDUB6acJCJKGJtnBVVLvURW7D-2B2NW-2FyBdg-3D

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For anyone who has not been around long, note both of these cases were decided before the change to the law in 2008 where we now have the liquidated damages provision in 83.595. Between 2004 or so and 2008 anyone who knew about Equity and all the other cases immediately stopped charging liquidated damages for early lease breaks. 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: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Thursday, March 12, 2015 2:55 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Renters insurance issue Since you insist: Public Policy dictates that commercial leases are not adhesive contracts and that commercial tenants can negotiate their own leases with their own lawyers as the market dictates. As Harry said, anything goes in commercial leases. Since residential tenants have less or no bargaining power with landlords and the leases are akin to adhesive contracts, residential leases are driven by statute and nothing in the lease can be contrary to the statute. Read Olen Properties attached for an opinion dealing with FS 83.47 Prohibited provisions in rental agreements.-- (1) A provision in a rental agreement is void and unenforceable to the extent that it: (a) Purports to waive or preclude the rights, remedies, or requirements set forth in this part. Also notice the tone of 83.44 Obligation of good faith; 83.45 Unconscionable rental agreement or provision: 83.47 Prohibited provisions in rental agreements; 83.64 Retaliatory conduct; and my personal favorite, 83.67 Prohibited practices. The public policy is to protect tenants from unscrupulous landlords and landlord from tenants that do not pay rent. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Wednesday, March 11, 2015 10:50 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Renters insurance issue There is nothing in residential. In commercial, almost anything goes as contract is more important than law. Commercial landlords and tenants can agree to almost anything. In residential, if you go overboard, some other statutes come into play. Leonard, let it rip!!! 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: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jay Taplin Sent: Wednesday, March 11, 2015 10:44 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Renters insurance issue Harry, I have a question. If a commercial landlord can require a tenant to pay for CGL and Property Insurance regarding or on the whole or part of the property as a covenant in the Lease, such as in a NNN Lease or otherwise such as a by a pass through, what in Part II of Chapter 83, prevents a residential landlord from doing the same? 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) <mailto:jtaplin@taplinlaw.net> jtaplin@taplinlaw.net This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Wednesday, March 11, 2015 10:13 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Renters insurance issue Agreed on the mortgage deal Dennis and the self-storage scam. I paid it myself then showed them my homeowner’s policy and they removed it but even that was just for MY property, not if I burned down the storage unit. Does anyone have any law on this? My guess is that the tenant will not be able to get insurance on their own thus getting the $9 - $11 extra hit each month and worse yet, it is possible the apartments will profit from this and I was under the impressions that if they are not an insurance company, they cannot get any profit from providing or selling or whatever is going on. If someone out there knows insurance law, I will just refer this to them and possibly many more to them as this is popping up. Same addendum so I presume there is an insurance company who targets apartments pushing this nationally. 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: <http://em.taplinlaw.net/wf/click?upn=8nntNZ5zdQ3u0n-2BzXdOTtw52LfdpFuCQN3DP82ASo7Q-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZv0hC4ryyJWH9FTel6kWiD2HzaMsnE2lBEYE2otQUHLQMoxFBXuhWB8vpQ9GdPN6flysLdesJlkaAxn5r3D-2FjlvPqyRR85NGR4fNoQZlI1ETAImEIkIgjDsZTSv7v-2FHlWJ9NM-2Fw1ghOLHeJ-2BvnWeRlA-3D> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <http://em.taplinlaw.net/wf/click?upn=GXMfl0nVDAn71Xmty-2FYWswPTPJR14sko-2BAILHLa-2BV-2Bv21tZgg2JuBXPszN0V-2BLqLkYpWpdPR9v3XlTVQ-2F0ZGxhk35LGwH4TVNsC8lfu7gGU-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZvInCIvBhWyVm-2BLv6J8ErbXSrJT-2FI-2FqzPx4nGjDGVjgKMIukEnF6wnGZ8LbbK2eVW8XzPEC3RvPSfUB-2FYm0-2F-2BMArWataPTKia8XNzbSIP-2FFGVH6iLIcurAGQTxN4hVFslmfpWRSS8WRBqlqbuANB9-2Fk-3D> Visit us on Facebook 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen Sent: Tuesday, March 10, 2015 9:59 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Renters insurance issue Harry, That is common with mortgage lenders. If you stop paying they will purchase an insurance policy that only insures the lender's interest. That is fine in a mortgage situation because the borrower owns the house. I don't think it is appropriate in a residential landlord-tenant situation because the tenant has no ownership interest in the property and the landlord is just passing along their insurance cost to the tenant. It seems to be an additional source of income for landlords. My storage space sent me a notice and started including a bill for something like that. I had to provide a copy of my homeowners insurance policy for them to stop billing me. Dennis A. Chen, Esq. Chen Law Firm, PA 13360 W. Colonial Dr, Ste. 470 Winter Garden, Florida 34787 Tel: (407) 392-1872 Fax: 1-866-571-3421 dennis@chenlaw.net Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation ******** NEW ADDRESS effective 1/5/2015 ******** Physical address is listed above. The new mailing address is: Chen Law Firm PA PO Box 784419 Winter Garden FL 34778 Telephone and email remain the same. CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message. On Tue, Mar 10, 2015 at 4:00 PM, Harry Heist <harry@evict.com> wrote: Here is a doozy. Apartment community wants tenant to purchase renter’s insurance (not just the cheapo contents insurance) This is the insurance that covers what a tenant may do to the premises. (usually fire/flood) I am seeing this particular form pop up all over. 1. They require it and it is the type that covers liability for damage to landlord’s property (fire, flood) 2. If the tenant does not get it or it lapses, they then charge the tenant $11 per month and they buy it from whoever they want and it insures the LANDLORD, not the tenant. This is way out of my league. This is a landlord forcing a tenant to pay for insurance that does not even cover the tenant. See attached. Anyone really know their stuff on this? I think I need to refer this out. Having a policy where another person/company is an additional insured is one thing and is totally common but charging a person to buy insurance for another person/company when it does not even cover the person who is paying for it??? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 <tel:1%20800%20253%208428> FAX: 1 800 367 9038 <tel:1%20800%20367%209038> "Serving the Property Management Professional" Website: <http://em.taplinlaw.net/wf/click?upn=8nntNZ5zdQ3u0n-2BzXdOTtw52LfdpFuCQN3DP82ASo7Q-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZsSgbFKoI5Pi9gSHXDcxPKXqIiQe5TWAfyfvyz4e2aKROmiT98FTfRNyeFlWS7eUlg57yrmkXkagpot39lgyM4fvJdQF3Bonl9syQ0jhjf7TQ-2FHbn1jyyASNf2oOvzCQdhJP0IlBNXhL4D5Z1BuvuxE-3D> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <http://em.taplinlaw.net/wf/click?upn=GXMfl0nVDAn71Xmty-2FYWswPTPJR14sko-2BAILHLa-2BV-2Bv21tZgg2JuBXPszN0V-2BLqLkYpWpdPR9v3XlTVQ-2F0ZGxhk35LGwH4TVNsC8lfu7gGU-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZhtoPTOkoAKYHMCAAuq0tUFe8KAYpv3iN0l60Gs3UHKD-2BpuX1voLgLv-2FQO5BStcJDon7h8EMZrsJFDR8TX3U8L-2FToyLE4Md1ounPIzYGSRSEylDog1mL4XDUB6acJCJKGJtnBVVLvURW7D-2B2NW-2FyBdg-3D> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. 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LC
Leonard Cabral
Thu, Mar 12, 2015 7:40 PM

The reason the law was changed in 2008 was due to these cases, In 2008 the statute was changed to allow liquidated damages but limits the amount of liquidated damages that can be charged, requires a separate addendum signed by the tenant and that both parties have notice requirements for the liquidated damages provisions to be valid.  But the holding in Olen is still valid as to the statute governs residential tenancies.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, March 12, 2015 3:28 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Olen and Equity Cases

For anyone who has not been around long, note both of these cases were decided before the change to the law in 2008 where we now have the liquidated damages provision in 83.595.

Between 2004 or so and 2008 anyone who knew about Equity and all the other cases immediately stopped charging liquidated damages for early lease breaks.

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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image001.png@01D05CDA.DA23A760]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, March 12, 2015 2:55 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renters insurance issue

Since you insist:

Public Policy dictates that commercial leases are not adhesive contracts and that commercial tenants can negotiate their own leases with their own lawyers as the market dictates.  As Harry said, anything goes in commercial leases.  Since residential tenants have less or no bargaining power with landlords and the leases are akin to adhesive contracts,  residential leases are driven by statute and nothing in the lease can be contrary to the statute. Read Olen Properties attached for an opinion dealing with FS  83.47  Prohibited provisions in rental agreements.-- (1)  A provision in a rental agreement is void and unenforceable to the extent that it: (a)  Purports to waive or preclude the rights, remedies, or requirements set forth in this part.

Also notice the tone of  83.44  Obligation of good faith;  83.45  Unconscionable rental agreement or provision: 83.47  Prohibited provisions in rental agreements; 83.64  Retaliatory conduct; and my personal favorite, 83.67  Prohibited practices.  The public policy is to protect tenants from unscrupulous landlords and landlord from tenants that do not pay rent.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org]mailto:[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, March 11, 2015 10:50 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Renters insurance issue

There is nothing in residential. In commercial, almost anything goes as contract is more important than law. Commercial landlords and tenants can agree to almost anything.

In residential, if you go overboard, some other statutes come into play.

Leonard, let it rip!!!

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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image001.png@01D05CDA.DA23A760]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jay Taplin
Sent: Wednesday, March 11, 2015 10:44 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renters insurance issue

Harry, I have a question.  If a commercial landlord can require a tenant to pay for CGL and Property Insurance regarding or on the whole or part of the property as a covenant in the Lease, such as in a NNN Lease or otherwise such as a by a pass through, what in Part II of Chapter 83, prevents a residential landlord from doing the same?

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@taplinlaw.netmailto:jtaplin@taplinlaw.net

This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law.  If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address.  Thank you.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org]mailto:[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, March 11, 2015 10:13 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Renters insurance issue

Agreed on the mortgage deal Dennis and the self-storage scam. I paid it myself then showed them my homeowner’s policy and they removed it but even that was just for MY property, not if I burned down the storage unit.

Does anyone have any law on this?

My guess is that the tenant will not be able to get insurance on their own thus getting the $9 - $11 extra hit each month and worse yet, it is possible the apartments will profit from this and I was under the impressions that if they are not an insurance company, they cannot get any profit from providing or selling or whatever is going on.

If someone out there knows insurance law, I will just refer this to them and possibly many more to them as this is popping up. Same addendum so I presume there is an insurance company who targets apartments pushing this nationally.

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.comhttp://em.taplinlaw.net/wf/click?upn=8nntNZ5zdQ3u0n-2BzXdOTtw52LfdpFuCQN3DP82ASo7Q-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZv0hC4ryyJWH9FTel6kWiD2HzaMsnE2lBEYE2otQUHLQMoxFBXuhWB8vpQ9GdPN6flysLdesJlkaAxn5r3D-2FjlvPqyRR85NGR4fNoQZlI1ETAImEIkIgjDsZTSv7v-2FHlWJ9NM-2Fw1ghOLHeJ-2BvnWeRlA-3D
Email: harry@evict.commailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Tuesday, March 10, 2015 9:59 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renters insurance issue

Harry,
That is common with mortgage lenders.  If you stop paying they will purchase an insurance policy that only insures the lender's interest.  That is fine in a mortgage situation because the borrower owns the house.  I don't think it is appropriate in a residential landlord-tenant situation because the tenant has no ownership interest in the property and the landlord is just passing along their insurance cost to the tenant.
It seems to be an additional source of income for landlords.  My storage space sent me a notice and started including a bill for something like that.  I had to provide a copy of my homeowners insurance policy for them to stop billing me.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
Fax: 1-866-571-3421
dennis@chenlaw.netmailto:dennis@chenlaw.net

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On Tue, Mar 10, 2015 at 4:00 PM, Harry Heist <harry@evict.commailto:harry@evict.com> wrote:
Here is a doozy.

Apartment community wants tenant to purchase renter’s insurance (not just the cheapo contents insurance) This is the insurance that covers what a tenant may do to the premises. (usually fire/flood) I am seeing this particular form pop up all over.

  1.  They require it and it is the type that covers liability for damage to landlord’s property (fire, flood)
    
  2.  If the tenant does not get it or it lapses, they then charge the tenant $11 per month and they buy it from whoever they want and it insures the LANDLORD, not the tenant.
    

This is way out of my league.  This is a landlord forcing a tenant to pay for insurance that does not even cover the tenant.

See attached.

Anyone really know their stuff on this?  I think I need to refer this out.

Having a policy where another person/company is an additional insured is one thing and is totally common  but charging a person to buy insurance for another person/company when it does not even cover the person who is paying for it???

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428tel:1%20800%20253%208428
FAX: 1 800 367 9038tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://em.taplinlaw.net/wf/click?upn=8nntNZ5zdQ3u0n-2BzXdOTtw52LfdpFuCQN3DP82ASo7Q-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZsSgbFKoI5Pi9gSHXDcxPKXqIiQe5TWAfyfvyz4e2aKROmiT98FTfRNyeFlWS7eUlg57yrmkXkagpot39lgyM4fvJdQF3Bonl9syQ0jhjf7TQ-2FHbn1jyyASNf2oOvzCQdhJP0IlBNXhL4D5Z1BuvuxE-3D
Email: harry@evict.commailto:harry@evict.com
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The reason the law was changed in 2008 was due to these cases, In 2008 the statute was changed to allow liquidated damages but limits the amount of liquidated damages that can be charged, requires a separate addendum signed by the tenant and that both parties have notice requirements for the liquidated damages provisions to be valid. But the holding in Olen is still valid as to the statute governs residential tenancies. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, March 12, 2015 3:28 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Olen and Equity Cases For anyone who has not been around long, note both of these cases were decided before the change to the law in 2008 where we now have the liquidated damages provision in 83.595. Between 2004 or so and 2008 anyone who knew about Equity and all the other cases immediately stopped charging liquidated damages for early lease breaks. 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<mailto:harry@evict.com> [cid:image001.png@01D05CDA.DA23A760]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook 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. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Thursday, March 12, 2015 2:55 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Renters insurance issue Since you insist: Public Policy dictates that commercial leases are not adhesive contracts and that commercial tenants can negotiate their own leases with their own lawyers as the market dictates. As Harry said, anything goes in commercial leases. Since residential tenants have less or no bargaining power with landlords and the leases are akin to adhesive contracts, residential leases are driven by statute and nothing in the lease can be contrary to the statute. Read Olen Properties attached for an opinion dealing with FS 83.47 Prohibited provisions in rental agreements.-- (1) A provision in a rental agreement is void and unenforceable to the extent that it: (a) Purports to waive or preclude the rights, remedies, or requirements set forth in this part. Also notice the tone of 83.44 Obligation of good faith; 83.45 Unconscionable rental agreement or provision: 83.47 Prohibited provisions in rental agreements; 83.64 Retaliatory conduct; and my personal favorite, 83.67 Prohibited practices. The public policy is to protect tenants from unscrupulous landlords and landlord from tenants that do not pay rent. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org]<mailto:[mailto:landten-bounces@lists.flabarrpptl.org]> On Behalf Of Harry Heist Sent: Wednesday, March 11, 2015 10:50 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Renters insurance issue There is nothing in residential. In commercial, almost anything goes as contract is more important than law. Commercial landlords and tenants can agree to almost anything. In residential, if you go overboard, some other statutes come into play. Leonard, let it rip!!! 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<mailto:harry@evict.com> [cid:image001.png@01D05CDA.DA23A760]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook 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. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jay Taplin Sent: Wednesday, March 11, 2015 10:44 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Renters insurance issue Harry, I have a question. If a commercial landlord can require a tenant to pay for CGL and Property Insurance regarding or on the whole or part of the property as a covenant in the Lease, such as in a NNN Lease or otherwise such as a by a pass through, what in Part II of Chapter 83, prevents a residential landlord from doing the same? 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@taplinlaw.net<mailto:jtaplin@taplinlaw.net> This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org]<mailto:[mailto:landten-bounces@lists.flabarrpptl.org]> On Behalf Of Harry Heist Sent: Wednesday, March 11, 2015 10:13 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Renters insurance issue Agreed on the mortgage deal Dennis and the self-storage scam. I paid it myself then showed them my homeowner’s policy and they removed it but even that was just for MY property, not if I burned down the storage unit. Does anyone have any law on this? My guess is that the tenant will not be able to get insurance on their own thus getting the $9 - $11 extra hit each month and worse yet, it is possible the apartments will profit from this and I was under the impressions that if they are not an insurance company, they cannot get any profit from providing or selling or whatever is going on. If someone out there knows insurance law, I will just refer this to them and possibly many more to them as this is popping up. Same addendum so I presume there is an insurance company who targets apartments pushing this nationally. 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://em.taplinlaw.net/wf/click?upn=8nntNZ5zdQ3u0n-2BzXdOTtw52LfdpFuCQN3DP82ASo7Q-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZv0hC4ryyJWH9FTel6kWiD2HzaMsnE2lBEYE2otQUHLQMoxFBXuhWB8vpQ9GdPN6flysLdesJlkaAxn5r3D-2FjlvPqyRR85NGR4fNoQZlI1ETAImEIkIgjDsZTSv7v-2FHlWJ9NM-2Fw1ghOLHeJ-2BvnWeRlA-3D> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01D05CDA.DA23A760]<http://em.taplinlaw.net/wf/click?upn=GXMfl0nVDAn71Xmty-2FYWswPTPJR14sko-2BAILHLa-2BV-2Bv21tZgg2JuBXPszN0V-2BLqLkYpWpdPR9v3XlTVQ-2F0ZGxhk35LGwH4TVNsC8lfu7gGU-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZvInCIvBhWyVm-2BLv6J8ErbXSrJT-2FI-2FqzPx4nGjDGVjgKMIukEnF6wnGZ8LbbK2eVW8XzPEC3RvPSfUB-2FYm0-2F-2BMArWataPTKia8XNzbSIP-2FFGVH6iLIcurAGQTxN4hVFslmfpWRSS8WRBqlqbuANB9-2Fk-3D> Visit us on Facebook 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. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen Sent: Tuesday, March 10, 2015 9:59 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Renters insurance issue Harry, That is common with mortgage lenders. If you stop paying they will purchase an insurance policy that only insures the lender's interest. That is fine in a mortgage situation because the borrower owns the house. I don't think it is appropriate in a residential landlord-tenant situation because the tenant has no ownership interest in the property and the landlord is just passing along their insurance cost to the tenant. It seems to be an additional source of income for landlords. My storage space sent me a notice and started including a bill for something like that. I had to provide a copy of my homeowners insurance policy for them to stop billing me. Dennis A. Chen, Esq. Chen Law Firm, PA 13360 W. Colonial Dr, Ste. 470 Winter Garden, Florida 34787 Tel: (407) 392-1872 Fax: 1-866-571-3421 dennis@chenlaw.net<mailto:dennis@chenlaw.net> Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation ******** NEW ADDRESS effective 1/5/2015 ******** Physical address is listed above. The new mailing address is: Chen Law Firm PA PO Box 784419 Winter Garden FL 34778 Telephone and email remain the same. CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message. On Tue, Mar 10, 2015 at 4:00 PM, Harry Heist <harry@evict.com<mailto:harry@evict.com>> wrote: Here is a doozy. Apartment community wants tenant to purchase renter’s insurance (not just the cheapo contents insurance) This is the insurance that covers what a tenant may do to the premises. (usually fire/flood) I am seeing this particular form pop up all over. 1. They require it and it is the type that covers liability for damage to landlord’s property (fire, flood) 2. If the tenant does not get it or it lapses, they then charge the tenant $11 per month and they buy it from whoever they want and it insures the LANDLORD, not the tenant. This is way out of my league. This is a landlord forcing a tenant to pay for insurance that does not even cover the tenant. See attached. Anyone really know their stuff on this? I think I need to refer this out. Having a policy where another person/company is an additional insured is one thing and is totally common but charging a person to buy insurance for another person/company when it does not even cover the person who is paying for it??? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428<tel:1%20800%20253%208428> FAX: 1 800 367 9038<tel:1%20800%20367%209038> "Serving the Property Management Professional" Website: www.evict.com<http://em.taplinlaw.net/wf/click?upn=8nntNZ5zdQ3u0n-2BzXdOTtw52LfdpFuCQN3DP82ASo7Q-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZsSgbFKoI5Pi9gSHXDcxPKXqIiQe5TWAfyfvyz4e2aKROmiT98FTfRNyeFlWS7eUlg57yrmkXkagpot39lgyM4fvJdQF3Bonl9syQ0jhjf7TQ-2FHbn1jyyASNf2oOvzCQdhJP0IlBNXhL4D5Z1BuvuxE-3D> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01D05CDA.DA23A760]<http://em.taplinlaw.net/wf/click?upn=GXMfl0nVDAn71Xmty-2FYWswPTPJR14sko-2BAILHLa-2BV-2Bv21tZgg2JuBXPszN0V-2BLqLkYpWpdPR9v3XlTVQ-2F0ZGxhk35LGwH4TVNsC8lfu7gGU-3D_DLqHeBUlrlXmMxEotDWgi-2FnMmOSNvhPrg4xLO8IDzSGkZRVyGnoj9B2VJ51A-2Fe99ibjrdxqpZQkS9hpvr-2FxqZhtoPTOkoAKYHMCAAuq0tUFe8KAYpv3iN0l60Gs3UHKD-2BpuX1voLgLv-2FQO5BStcJDon7h8EMZrsJFDR8TX3U8L-2FToyLE4Md1ounPIzYGSRSEylDog1mL4XDUB6acJCJKGJtnBVVLvURW7D-2B2NW-2FyBdg-3D> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. 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