Empathy List Archives

AJ

Arthur J. Menor

Mon, Apr 12, 2010 3:46 PM

Please see the attached case which was sent by David Drobner.

http://www.shutts.com/shutts100.jpg Arthur J. Menor
Partner

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website
http://www.shutts.com/

</pre>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. <pre>

Please see the attached case which was sent by David Drobner. <http://www.shutts.com/shutts100.jpg> Arthur J. Menor Partner ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8510 | Fax: (561) 822-5510 E-Mail <mailto:AMenor@shutts.com> | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a -8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a -8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website <http://www.shutts.com/> </pre>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. <pre>

GP

George Pincus

Mon, Apr 12, 2010 4:04 PM

What can you say about a case that invokes the "tipsy coachman rule"?

(see footnote 3)

George A. Pincus, Esq.
Shareholder
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile: 954-766-9719
E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com
www.stearnsweaver.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Monday, April 12, 2010 11:46 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] New Case re Subscribing Witnesses

Please see the attached case which was sent by David Drobner.

[cid:~WRD000.jpg]

Arthur J. Menor
Partner

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mailmailto:AMenor@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | 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.

CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

What can you say about a case that invokes the "tipsy coachman rule"? (see footnote 3) George A. Pincus, Esq. Shareholder Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com<mailto:gpincus@swmwas.com> www.stearnsweaver.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor Sent: Monday, April 12, 2010 11:46 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] New Case re Subscribing Witnesses Please see the attached case which was sent by David Drobner. [cid:~WRD000.jpg] Arthur J. Menor Partner ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8510 | Fax: (561) 822-5510 E-Mail<mailto:AMenor@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website<http://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. ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

H

harry (at) evict.com

Tue, Apr 13, 2010 4:46 PM

Does anyone have any insight into electronic signatures on leases?

Thanks,

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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.

Does anyone have any insight into electronic signatures on leases? Thanks, Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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.

AJ

Anthony J. Horky

Tue, Apr 13, 2010 6:08 PM

See Fla. Stat. § 668.004. In addition, Article 2A, Part 2 of the U.C.C.(not Florida's) is titled "Formation and Construction of Lease Contract, Electronic Contracting." These might help.

Regards,

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile: 954.467.2210

E-Mail: ahorky@mbhlawyer.com

Website: www.mbhlawyer.com

CONFIDENTIALITY NOTICE: Unless otherwise stated, 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 transmission in error, please notify the sender by email reply immediately. Thank you.

Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the proceeding message contains advice relating to a Federal tax issue, unless expressly stated otherwise, the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein.

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 sued 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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Tuesday, April 13, 2010 12:47 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Electronic Signatures

Does anyone have any insight into electronic signatures on leases?

Thanks,

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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.

See Fla. Stat. § 668.004. In addition, Article 2A, Part 2 of the U.C.C.(not Florida's) is titled "Formation and Construction of Lease Contract, Electronic Contracting." These might help. Regards, Anthony J. Horky, Esq. Mombach, Boyle & Hardin, P.A. 500 East Broward Boulevard Suite 1950 Broward Financial Centre Ft. Lauderdale, Florida 33394 Telephone: 954.467.2200 ext. 225 Facsimile: 954.467.2210 E-Mail: ahorky@mbhlawyer.com Website: www.mbhlawyer.com CONFIDENTIALITY NOTICE: Unless otherwise stated, 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 transmission in error, please notify the sender by email reply immediately. Thank you. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the proceeding message contains advice relating to a Federal tax issue, unless expressly stated otherwise, the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. 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 sued 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. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Tuesday, April 13, 2010 12:47 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Electronic Signatures Does anyone have any insight into electronic signatures on leases? Thanks, Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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.

H

harry (at) evict.com

Fri, May 14, 2010 7:07 PM

Hello All,

This may not appropriate for the ListServ so I apologize in advance but is
there a place where we can see the list of all our LL/Ten section members in
one place?

I just do residential and often have commercial referrals and would like to
know who I can refer people to and the geographical area that they service.

Thanks and have a nice weekend,

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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.

Hello All, This may not appropriate for the ListServ so I apologize in advance but is there a place where we can see the list of all our LL/Ten section members in one place? I just do residential and often have commercial referrals and would like to know who I can refer people to and the geographical area that they service. Thanks and have a nice weekend, Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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.

NB

Neil B. Shoter

Fri, May 14, 2010 7:16 PM

Certainly, the RPPTL.org website, Committee Page for our committee lists
all members. You need to log in to the site to see the Committee Page

http://www.shutts.com/shutts100.jpg Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website
http://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org

[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
harry@evict.com
Sent: Friday, May 14, 2010 3:07 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Commercial Evictions/Leases

Hello All,

 

This may not appropriate for the ListServ so I apologize in

advance but is there a place where we can see the list of all our LL/Ten
section members in one place?

I just do residential and often have commercial referrals and

would like to know who I can refer people to and the geographical area
that they service.

Thanks and have a nice weekend,

 

Harry Heist 

 

LAW OFFICES OF 
HEIST, WEISSE & DAVIS, 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.

</pre>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. <pre>

Certainly, the RPPTL.org website, Committee Page for our committee lists all members. You need to log in to the site to see the Committee Page <http://www.shutts.com/shutts100.jpg> Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail <mailto:NShoter@shutts.com> | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website <http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Friday, May 14, 2010 3:07 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Commercial Evictions/Leases Hello All, This may not appropriate for the ListServ so I apologize in advance but is there a place where we can see the list of all our LL/Ten section members in one place? I just do residential and often have commercial referrals and would like to know who I can refer people to and the geographical area that they service. Thanks and have a nice weekend, Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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. </pre>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. <pre>

JN

John Neukamm

Fri, May 14, 2010 7:19 PM

Harry, RPPTL Section committee membership rosters can be viewed after
logging into the RPPTL Section website (which requires a User Name and
Password) at http://www.rpptl.org/Private/DrawCommittees.aspx , clicking
the "Landlord & Tenant Committee" and clicking "View Committee
Directory." Unfortunately, when I logged onto the committee roster for
the Landlord / Tenant Committee, I noticed that my name was not
included, so I'm not sure that the list is entirely accurate. If you
don't already have a User Name and Password, you will be provided with
the necessary assistance by clicking the foregoing website address.

Best regards,

John

John B. Neukamm

Mechanik Nuccio Hearne & Wester, P.A.
305 S. Boulevard
Tampa, Florida 33606

Telephone No.: (813) 276-1920
Facsimile No.: (813) 276-1560
E-mail: jbn@floridalandlaw.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
harry@evict.com
Sent: Friday, May 14, 2010 3:07 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Commercial Evictions/Leases

Hello All,

This may not appropriate for the ListServ so I apologize in advance but
is there a place where we can see the list of all our LL/Ten section
members in one place?

I just do residential and often have commercial referrals and would like
to know who I can refer people to and the geographical area that they
service.

Thanks and have a nice weekend,

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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, RPPTL Section committee membership rosters can be viewed after logging into the RPPTL Section website (which requires a User Name and Password) at http://www.rpptl.org/Private/DrawCommittees.aspx , clicking the "Landlord & Tenant Committee" and clicking "View Committee Directory." Unfortunately, when I logged onto the committee roster for the Landlord / Tenant Committee, I noticed that my name was not included, so I'm not sure that the list is entirely accurate. If you don't already have a User Name and Password, you will be provided with the necessary assistance by clicking the foregoing website address. Best regards, John John B. Neukamm Mechanik Nuccio Hearne & Wester, P.A. 305 S. Boulevard Tampa, Florida 33606 Telephone No.: (813) 276-1920 Facsimile No.: (813) 276-1560 E-mail: jbn@floridalandlaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Friday, May 14, 2010 3:07 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Commercial Evictions/Leases Hello All, This may not appropriate for the ListServ so I apologize in advance but is there a place where we can see the list of all our LL/Ten section members in one place? I just do residential and often have commercial referrals and would like to know who I can refer people to and the geographical area that they service. Thanks and have a nice weekend, Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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.

HH

Harry Heist

Wed, Jul 6, 2011 5:13 PM

We don't handle these, email me privately if you want it. harry@evict.com

Harry

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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.

We don't handle these, email me privately if you want it. harry@evict.com Harry LAW OFFICES OF HEIST, WEISSE, DAVIS & 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.

HH

Harry Heist

Wed, Jul 6, 2011 8:15 PM

Hello Group,

The issue of renting or not to people with no SS number or people where it
is impossible to run a background check is constantly coming up.

Where do you draw the line? How do we avoid discrimination? I have clients
who love to rent to foreigners, example, the rich kids from Saudi Arabia
going to school here. Others are worried when they can't check anything out
and the applicant is not rich OR they know for a fact that the person is
illegal or has overstayed a visa.

Below are answers from 2 different attorneys I know in the business outside
of Florida.

Any guidance? Does HUD make this stuff vague on purpose?

Harry Heist

(1) Federal public and subsidized housing anticipates that there will be
situations where properties will rent to undocumented persons. Chapter 3 of
the HUD Occupancy Handbook for Subsidized Housing, for example, specifically
assumes that there will be situations where undocumented persons will live
in subsidized housing and permits it in many situations as long as at least
one or more documented persons are also living there AND no subsidy is
provided for the undocumented occupants.

(2) About a year ago the FHEO director of HUD made several speeches in which
he indicated that HUD would take a close look at any refusal to rent to
undocumented persons as potential discrimination based on national origin.
As of this date nothing has come of this, but see below.

(3) In 1991 HUD issued a memo post-911 stating that it was not a violation
of the FHA for a housing provider to refuse to rent to a person because of
the person's citizenship status or status as an undocumented person.
However, within the last couple weeks we have heard informal comments from
current HUD staff - including those at a fairly high level - indicating that
"today's HUD" would never have issued such a statement and that they would
probably consider a refusal to hire non-citizens as national origin
discrimination. So far no one has gone as far as saying that a refusal to
rent to undocumented persons is a violation of the FHA but we have yet to
see what the proposed HUD rules on disparate impact are going to say. They
were submitted for review a couple weeks ago and will probably be made
available for public comment within the next couple months. I expect that
they may deal, among other things, with issues involving non-citizens, use
of social security numbers for tenancy qualifications and quite possibly
arrest and conviction records. I suspect they won't go as far as saying that
it is a violation of the FHA to refuse to rent to undocumented persons, but
I would not put money on that.

(4) As a minimum qualification, even under the post-911 memo, HUD made it
pretty clear that if a property is going to check for legal status they have
to ask the same questions of everyone, including people who "clearly appear"
to be legally in the US. In that memo HUD referenced back to the
documentation that subsidized properties are permitted to consider in
Chapter 3 of the HUD Occupancy Handbook for Subsidized Properties. So if a
property does choose not to rent to undocumented persons, it has to keep
very clear records showing that it required every resident to provide
documentation showing that he/she is legally entitled to live in the US.

(5) A lot of landlords are worried about being accused of "harboring" if
they do rent to undocumented persons. I think that fear is considerably
overblown - so far there are absolutely no cases where a landlord has been
convicted (and I don't even know of any where they have been charged) with
harboring simply on the basis of entering into a landlord tenant
relationship with an undocumented person.

ANOTHER ANSWER

HUD requires evidence of citizenship but massachusetts does not and has
suggested that it could be discriminatory based on national origin. I
always ask clients why you need the info. Some say it is to be sure the
person will be staying in the country through the end of the lease term.
Others say it is because they want to be sure the person is legally here
which I find questionable since it seems somewhat outside their area of
concern. Do they check if college students have graduation dates before
less terms end? I think the better policy is to require applicants to
provide a valid social security number. In effect, it has the same result
since someone that is not here legally usually will not have one. I also
think it is a legal requirement since without a ss number you can't run
credit etc. Seems like a less problematic way of getting the same result.

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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.

Hello Group, The issue of renting or not to people with no SS number or people where it is impossible to run a background check is constantly coming up. Where do you draw the line? How do we avoid discrimination? I have clients who love to rent to foreigners, example, the rich kids from Saudi Arabia going to school here. Others are worried when they can't check anything out and the applicant is not rich OR they know for a fact that the person is illegal or has overstayed a visa. Below are answers from 2 different attorneys I know in the business outside of Florida. Any guidance? Does HUD make this stuff vague on purpose? Harry Heist (1) Federal public and subsidized housing anticipates that there will be situations where properties will rent to undocumented persons. Chapter 3 of the HUD Occupancy Handbook for Subsidized Housing, for example, specifically assumes that there will be situations where undocumented persons will live in subsidized housing and permits it in many situations as long as at least one or more documented persons are also living there AND no subsidy is provided for the undocumented occupants. (2) About a year ago the FHEO director of HUD made several speeches in which he indicated that HUD would take a close look at any refusal to rent to undocumented persons as potential discrimination based on national origin. As of this date nothing has come of this, but see below. (3) In 1991 HUD issued a memo post-911 stating that it was not a violation of the FHA for a housing provider to refuse to rent to a person because of the person's citizenship status or status as an undocumented person. However, within the last couple weeks we have heard informal comments from current HUD staff - including those at a fairly high level - indicating that "today's HUD" would never have issued such a statement and that they would probably consider a refusal to hire non-citizens as national origin discrimination. So far no one has gone as far as saying that a refusal to rent to undocumented persons is a violation of the FHA but we have yet to see what the proposed HUD rules on disparate impact are going to say. They were submitted for review a couple weeks ago and will probably be made available for public comment within the next couple months. I expect that they may deal, among other things, with issues involving non-citizens, use of social security numbers for tenancy qualifications and quite possibly arrest and conviction records. I suspect they won't go as far as saying that it is a violation of the FHA to refuse to rent to undocumented persons, but I would not put money on that. (4) As a minimum qualification, even under the post-911 memo, HUD made it pretty clear that if a property is going to check for legal status they have to ask the same questions of everyone, including people who "clearly appear" to be legally in the US. In that memo HUD referenced back to the documentation that subsidized properties are permitted to consider in Chapter 3 of the HUD Occupancy Handbook for Subsidized Properties. So if a property does choose not to rent to undocumented persons, it has to keep very clear records showing that it required every resident to provide documentation showing that he/she is legally entitled to live in the US. (5) A lot of landlords are worried about being accused of "harboring" if they do rent to undocumented persons. I think that fear is considerably overblown - so far there are absolutely no cases where a landlord has been convicted (and I don't even know of any where they have been charged) with harboring simply on the basis of entering into a landlord tenant relationship with an undocumented person. ANOTHER ANSWER HUD requires evidence of citizenship but massachusetts does not and has suggested that it could be discriminatory based on national origin. I always ask clients why you need the info. Some say it is to be sure the person will be staying in the country through the end of the lease term. Others say it is because they want to be sure the person is legally here which I find questionable since it seems somewhat outside their area of concern. Do they check if college students have graduation dates before less terms end? I think the better policy is to require applicants to provide a valid social security number. In effect, it has the same result since someone that is not here legally usually will not have one. I also think it is a legal requirement since without a ss number you can't run credit etc. Seems like a less problematic way of getting the same result. LAW OFFICES OF HEIST, WEISSE, DAVIS & 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.

LC

Leonard Cabral

Thu, Jul 7, 2011 9:07 AM

I advised a client that if the person could not get a credit report there
was nothing to base the risk of renting to them and if they wanted to rent
they would have to come up with a 3 month security deposit. I don't know if
all subsidized properties will let you do that but I know it is allowed here
in Orange and Seminole county with section 8 tenants.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, July 06, 2011 4:16 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] UNDOCUMENTED PERSONS

Hello Group,

The issue of renting or not to people with no SS number or people where it
is impossible to run a background check is constantly coming up.

Where do you draw the line? How do we avoid discrimination? I have clients
who love to rent to foreigners, example, the rich kids from Saudi Arabia
going to school here. Others are worried when they can't check anything out
and the applicant is not rich OR they know for a fact that the person is
illegal or has overstayed a visa.

Below are answers from 2 different attorneys I know in the business outside
of Florida.

Any guidance? Does HUD make this stuff vague on purpose?

Harry Heist

(1) Federal public and subsidized housing anticipates that there will be
situations where properties will rent to undocumented persons. Chapter 3 of
the HUD Occupancy Handbook for Subsidized Housing, for example, specifically
assumes that there will be situations where undocumented persons will live
in subsidized housing and permits it in many situations as long as at least
one or more documented persons are also living there AND no subsidy is
provided for the undocumented occupants.

(2) About a year ago the FHEO director of HUD made several speeches in which
he indicated that HUD would take a close look at any refusal to rent to
undocumented persons as potential discrimination based on national origin.
As of this date nothing has come of this, but see below.

(3) In 1991 HUD issued a memo post-911 stating that it was not a violation
of the FHA for a housing provider to refuse to rent to a person because of
the person's citizenship status or status as an undocumented person.
However, within the last couple weeks we have heard informal comments from
current HUD staff - including those at a fairly high level - indicating that
"today's HUD" would never have issued such a statement and that they would
probably consider a refusal to hire non-citizens as national origin
discrimination. So far no one has gone as far as saying that a refusal to
rent to undocumented persons is a violation of the FHA but we have yet to
see what the proposed HUD rules on disparate impact are going to say. They
were submitted for review a couple weeks ago and will probably be made
available for public comment within the next couple months. I expect that
they may deal, among other things, with issues involving non-citizens, use
of social security numbers for tenancy qualifications and quite possibly
arrest and conviction records. I suspect they won't go as far as saying that
it is a violation of the FHA to refuse to rent to undocumented persons, but
I would not put money on that.

(4) As a minimum qualification, even under the post-911 memo, HUD made it
pretty clear that if a property is going to check for legal status they have
to ask the same questions of everyone, including people who "clearly appear"
to be legally in the US. In that memo HUD referenced back to the
documentation that subsidized properties are permitted to consider in
Chapter 3 of the HUD Occupancy Handbook for Subsidized Properties. So if a
property does choose not to rent to undocumented persons, it has to keep
very clear records showing that it required every resident to provide
documentation showing that he/she is legally entitled to live in the US.

(5) A lot of landlords are worried about being accused of "harboring" if
they do rent to undocumented persons. I think that fear is considerably
overblown - so far there are absolutely no cases where a landlord has been
convicted (and I don't even know of any where they have been charged) with
harboring simply on the basis of entering into a landlord tenant
relationship with an undocumented person.

ANOTHER ANSWER

HUD requires evidence of citizenship but massachusetts does not and has
suggested that it could be discriminatory based on national origin. I
always ask clients why you need the info. Some say it is to be sure the
person will be staying in the country through the end of the lease term.
Others say it is because they want to be sure the person is legally here
which I find questionable since it seems somewhat outside their area of
concern. Do they check if college students have graduation dates before
less terms end? I think the better policy is to require applicants to
provide a valid social security number. In effect, it has the same result
since someone that is not here legally usually will not have one. I also
think it is a legal requirement since without a ss number you can't run
credit etc. Seems like a less problematic way of getting the same result.

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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.

I advised a client that if the person could not get a credit report there was nothing to base the risk of renting to them and if they wanted to rent they would have to come up with a 3 month security deposit. I don't know if all subsidized properties will let you do that but I know it is allowed here in Orange and Seminole county with section 8 tenants. _____ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Wednesday, July 06, 2011 4:16 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] UNDOCUMENTED PERSONS Hello Group, The issue of renting or not to people with no SS number or people where it is impossible to run a background check is constantly coming up. Where do you draw the line? How do we avoid discrimination? I have clients who love to rent to foreigners, example, the rich kids from Saudi Arabia going to school here. Others are worried when they can't check anything out and the applicant is not rich OR they know for a fact that the person is illegal or has overstayed a visa. Below are answers from 2 different attorneys I know in the business outside of Florida. Any guidance? Does HUD make this stuff vague on purpose? Harry Heist (1) Federal public and subsidized housing anticipates that there will be situations where properties will rent to undocumented persons. Chapter 3 of the HUD Occupancy Handbook for Subsidized Housing, for example, specifically assumes that there will be situations where undocumented persons will live in subsidized housing and permits it in many situations as long as at least one or more documented persons are also living there AND no subsidy is provided for the undocumented occupants. (2) About a year ago the FHEO director of HUD made several speeches in which he indicated that HUD would take a close look at any refusal to rent to undocumented persons as potential discrimination based on national origin. As of this date nothing has come of this, but see below. (3) In 1991 HUD issued a memo post-911 stating that it was not a violation of the FHA for a housing provider to refuse to rent to a person because of the person's citizenship status or status as an undocumented person. However, within the last couple weeks we have heard informal comments from current HUD staff - including those at a fairly high level - indicating that "today's HUD" would never have issued such a statement and that they would probably consider a refusal to hire non-citizens as national origin discrimination. So far no one has gone as far as saying that a refusal to rent to undocumented persons is a violation of the FHA but we have yet to see what the proposed HUD rules on disparate impact are going to say. They were submitted for review a couple weeks ago and will probably be made available for public comment within the next couple months. I expect that they may deal, among other things, with issues involving non-citizens, use of social security numbers for tenancy qualifications and quite possibly arrest and conviction records. I suspect they won't go as far as saying that it is a violation of the FHA to refuse to rent to undocumented persons, but I would not put money on that. (4) As a minimum qualification, even under the post-911 memo, HUD made it pretty clear that if a property is going to check for legal status they have to ask the same questions of everyone, including people who "clearly appear" to be legally in the US. In that memo HUD referenced back to the documentation that subsidized properties are permitted to consider in Chapter 3 of the HUD Occupancy Handbook for Subsidized Properties. So if a property does choose not to rent to undocumented persons, it has to keep very clear records showing that it required every resident to provide documentation showing that he/she is legally entitled to live in the US. (5) A lot of landlords are worried about being accused of "harboring" if they do rent to undocumented persons. I think that fear is considerably overblown - so far there are absolutely no cases where a landlord has been convicted (and I don't even know of any where they have been charged) with harboring simply on the basis of entering into a landlord tenant relationship with an undocumented person. ANOTHER ANSWER HUD requires evidence of citizenship but massachusetts does not and has suggested that it could be discriminatory based on national origin. I always ask clients why you need the info. Some say it is to be sure the person will be staying in the country through the end of the lease term. Others say it is because they want to be sure the person is legally here which I find questionable since it seems somewhat outside their area of concern. Do they check if college students have graduation dates before less terms end? I think the better policy is to require applicants to provide a valid social security number. In effect, it has the same result since someone that is not here legally usually will not have one. I also think it is a legal requirement since without a ss number you can't run credit etc. Seems like a less problematic way of getting the same result. LAW OFFICES OF HEIST, WEISSE, DAVIS & 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.

landten@lists.flabarrpptl.org

[RPPTL LandTen] New Case re Subscribing Witnesses