[RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner (defendant
in foreclosure) remains on property. Court retains jurisdiction to issue a
WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP would
apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants
whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name defendants
as "Unknown Occupants"? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER'S E-MAIL ADDRESS.
DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT.
ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICE
mailto:PLEADINGS@VOVALAW.COM PLEADINGS@CARUSILAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
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By entering into a residential lease for more than one year, does a landlord lose the right to evict? It would seem based on the definitions in the statute that if the lease is for more than one year, the landlord would have to foreclose/eject.
Secondarily, to avoid the above, does anyone see any potential problem with entering into a one year lease with an automatic renewal for an additional year unless both parties agree otherwise (rendering it effectively a two year lease without technically being one)?
Eric Jacobs
eric@beloffparker.commailto:eric@beloffparker.com
Partner
AV Rated
Board Certified - Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi
Sent: Tuesday, May 20, 2014 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner (defendant in foreclosure) remains on property. Court retains jurisdiction to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name defendants as "Unknown Occupants"? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER'S E-MAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS@CARUSILAW.COMmailto:PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to clindo@bellsouth.netmailto:clindo@bellsouth.net.
-
No, just has to comply with the general Statute of Frauds but still maintain right to evict -
Automatic renewals are problematic for courts, but it can be done if your client really wants to
[http://www.richmangreer.com/images/logo.gif]
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com
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U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message..
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 11:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
By entering into a residential lease for more than one year, does a landlord lose the right to evict? It would seem based on the definitions in the statute that if the lease is for more than one year, the landlord would have to foreclose/eject.
Secondarily, to avoid the above, does anyone see any potential problem with entering into a one year lease with an automatic renewal for an additional year unless both parties agree otherwise (rendering it effectively a two year lease without technically being one)?
Eric Jacobs
eric@beloffparker.commailto:eric@beloffparker.com
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi
Sent: Tuesday, May 20, 2014 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner (defendant in foreclosure) remains on property. Court retains jurisdiction to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name defendants as “Unknown Occupants”? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS@CARUSILAW.COMmailto:PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to clindo@bellsouth.netmailto:clindo@bellsouth.net.
-
No, unless your client also bought the judgment (through assignment, etc.) -
That is a good way to do it
[http://www.richmangreer.com/images/logo.gif]
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com
[http://www.richmangreer.com/emailsig/meritas.gif]
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message..
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi
Sent: Tuesday, May 20, 2014 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner (defendant in foreclosure) remains on property. Court retains jurisdiction to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name defendants as “Unknown Occupants”? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS@CARUSILAW.COMmailto:PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to clindo@bellsouth.netmailto:clindo@bellsouth.net.
-
No unless bought at auction.
-
I usually go with John Doe/Jane Doe, then amend after they file an
answer, if any.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 373-2800 Fax: (305) 373-0505
www.lawjb.com
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On Tue, May 20, 2014 at 12:14 PM, Manuel Farach MFarach@richmangreer.comwrote:
-
No, unless your client also bought the judgment (through
assignment, etc.)
-
That is a good way to do it
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and
Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com
U.S. Treasury Regulation Circular 230 requires us to advise you that
written communications issued by us are not intended to be and cannot be
relied upon to avoid penalties that may be imposed by the Internal Revenue
Service.
Incoming emails are filtered which may delay receipt. This email is
personal to the named recipient(s) and may be privileged and confidential.
If you are not the intended recipient, you received this in error. If so,
any review, dissemination, or copying of this email is prohibited. Please
immediately notify us by email and delete the original message..
From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Daniel S. Carusi
Sent: Tuesday, May 20, 2014 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner
(defendant in foreclosure) remains on property. Court retains jurisdiction
to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP
would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants
whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name
defendants as “Unknown Occupants”? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL
ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE
RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO
SERVICEPLEADINGS@CARUSILAW.COM PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
This message and the documents attached to it, if any, are intended only
for the use of the addressee and may contain information that is PRIVILEGED
and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not
the intended recipient, you are hereby notified that any dissemination of
this communication is strictly prohibited. If you have received this
communication in error, please delete all electronic copies of this message
and its attachments, if any, destroy any hard copies you may have created
and notify me immediately.
Tax Advice Disclosure: To ensure compliance with requirements imposed by
the IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the
Internal Revenue Code or (2) promoting, marketing or recommending to
another party any matters addressed herein.
The information contained in this transmission may contain privileged and
confidential information. It is intended only for the use of the person(s)
named above. If you are not the intended recipient, you are hereby notified
that any review, dissemination, distribution or duplication of this
communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies
of the original message. To reply to our email administrator directly,
please send an email to clindo@bellsouth.net clindo@bellsouth.net.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Manny with regard to 1 below. §83.43(7) defines a Rental Agreement as any written agreement…for a duration of less than 1 year. §83.56 pertains to Rental Agreements.
I don’t see how the chapter applies to a rental agreement for more than one year.
What am I missing?
Eric Jacobs
eric@beloffparker.commailto:eric@beloffparker.com
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, May 20, 2014 12:08 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] 2 Questions
-
No, just has to comply with the general Statute of Frauds but still maintain right to evict -
Automatic renewals are problematic for courts, but it can be done if your client really wants to
[Image removed by sender.]
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com
[Image removed by sender.]
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message..
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 11:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
By entering into a residential lease for more than one year, does a landlord lose the right to evict? It would seem based on the definitions in the statute that if the lease is for more than one year, the landlord would have to foreclose/eject.
Secondarily, to avoid the above, does anyone see any potential problem with entering into a one year lease with an automatic renewal for an additional year unless both parties agree otherwise (rendering it effectively a two year lease without technically being one)?
Eric Jacobs
eric@beloffparker.commailto:eric@beloffparker.com
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi
Sent: Tuesday, May 20, 2014 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner (defendant in foreclosure) remains on property. Court retains jurisdiction to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name defendants as “Unknown Occupants”? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS@CARUSILAW.COMmailto:PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to clindo@bellsouth.netmailto:clindo@bellsouth.net.
Eric,
I don’t think you’re missing anything; I just think that Chapter 83’s requirements are imposed on those leases that meet its criteria (i.e., less than one year, etc.). I don’t think the fact that a lease is longer than one year means you can’t evict a tenant or that you have to foreclose the lease; I think it just means that lease is not subject to Chapter 83’s requirements (no deposit money requirements under section 83.49)
[http://www.richmangreer.com/images/logo.gif]
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com
[http://www.richmangreer.com/emailsig/meritas.gif]
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message..
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 12:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
Manny with regard to 1 below. §83.43(7) defines a Rental Agreement as any written agreement…for a duration of less than 1 year. §83.56 pertains to Rental Agreements.
I don’t see how the chapter applies to a rental agreement for more than one year.
What am I missing?
Eric Jacobs
eric@beloffparker.commailto:eric@beloffparker.com
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, May 20, 2014 12:08 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] 2 Questions
-
No, just has to comply with the general Statute of Frauds but still maintain right to evict -
Automatic renewals are problematic for courts, but it can be done if your client really wants to
[Image removed by sender.]
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.commailto:MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com
[Image removed by sender.]
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 11:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
By entering into a residential lease for more than one year, does a landlord lose the right to evict? It would seem based on the definitions in the statute that if the lease is for more than one year, the landlord would have to foreclose/eject.
Secondarily, to avoid the above, does anyone see any potential problem with entering into a one year lease with an automatic renewal for an additional year unless both parties agree otherwise (rendering it effectively a two year lease without technically being one)?
Eric Jacobs
eric@beloffparker.commailto:eric@beloffparker.com
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi
Sent: Tuesday, May 20, 2014 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner (defendant in foreclosure) remains on property. Court retains jurisdiction to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name defendants as “Unknown Occupants”? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS@CARUSILAW.COMmailto:PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.
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The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to clindo@bellsouth.netmailto:clindo@bellsouth.net.
Re Scenario 1: After lapse of 30 days of the foreclosure's termination, I
think the court would have lost jurisdiction and I don't think the client
could then move to intervene and have a WOP issued. If within 30 days,
then I'd argue the client is surrogated to the lender's interests and
rights and could file a motion to intervene and obtain a WOP.
Re Scenario 2: I would tend to think that the foreclosing plaintiff would
have obtained the names of the defendants by the return of process on them
or otherwise may have had a communication from them to enable you to
inquire and obtain their names. If not, then my view is that you could
name them as Unknown Occupants, serve them, and then file a motion for
changing their names from Unknown Occupants to their actual names if the
service of process identifies them. Some judges will allow just a Notice
of Name Change without needing a motion.
Robert L. Wunker, Esq.
rwunker@gmail.com
On Tue, May 20, 2014 at 11:52 AM, Daniel S. Carusi dcarusi@bellsouth.netwrote:
Scenario 1: Client buys REO property from lender. Previous owner
(defendant in foreclosure) remains on property. Court retains jurisdiction
to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP
would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants
whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name
defendants as “Unknown Occupants”? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL
ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE
RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO
SERVICEPLEADINGS@CARUSILAW.COM PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
This message and the documents attached to it, if any, are intended only
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(7) “Rental agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.
I think you are reading the section wrong. You are taking it to mean, essentially, written or oral agreement for a duration of less than 1 year. I believe it is meant to read: a written agreement providing use and occupancy of premises OR oral agreement for a duration of less than 1 year providing for use and occupancy of premises. This would be in line with the statute of frauds issue raised by a previous emailer. Not surprisingly, it is written poorly and can be read both ways, but I think the application as I have seen it uses my interpretation.
James Zink, Esq.
Florida Rural Legal Services, Inc.
3111 South Dixie Highway, Suite 140
West Palm Beach, FL 33405
Phone: (561) 820-8902 x. 6025
Fax: (561) 820-8892
The information contained in this e-mail, including any attachment(s), is intended solely for use by the named addressee(s). If you are not the intended recipient, or a person designated as responsible for delivering such messages to the intended recipient, you are not authorized to disclose, copy, distribute or retain this message, in whole or in part, without written authorization from the sender. If you have received this message in error, please notify the sender immediately
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 12:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
Manny with regard to 1 below. §83.43(7) defines a Rental Agreement as any written agreement…for a duration of less than 1 year. §83.56 pertains to Rental Agreements.
I don’t see how the chapter applies to a rental agreement for more than one year.
What am I missing?
Eric Jacobs
eric@beloffparker.commailto:eric@beloffparker.com
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, May 20, 2014 12:08 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] 2 Questions
-
No, just has to comply with the general Statute of Frauds but still maintain right to evict -
Automatic renewals are problematic for courts, but it can be done if your client really wants to
[cid:image001.jpg@01CF742F.83D960A0]
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.commailto:MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com
[cid:image002.jpg@01CF742F.83D960A0]
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message..
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 11:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
By entering into a residential lease for more than one year, does a landlord lose the right to evict? It would seem based on the definitions in the statute that if the lease is for more than one year, the landlord would have to foreclose/eject.
Secondarily, to avoid the above, does anyone see any potential problem with entering into a one year lease with an automatic renewal for an additional year unless both parties agree otherwise (rendering it effectively a two year lease without technically being one)?
Eric Jacobs
eric@beloffparker.commailto:eric@beloffparker.com
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi
Sent: Tuesday, May 20, 2014 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner (defendant in foreclosure) remains on property. Court retains jurisdiction to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name defendants as “Unknown Occupants”? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS@CARUSILAW.COMmailto:PLEADINGS@VOVALAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to clindo@bellsouth.netmailto:clindo@bellsouth.net.
I concur with Mr. Zink. There's no limit to how long a written lease term can be for it to still be governed by Ch. 83, but if it is an oral agreement, then it must be for less than 1 year or else it's invalid altogether under the Statute of Frauds. The placement of the "or" in that section supports Mr. Zink's interpretation, in my opinion.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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On Tuesday, May 20, 2014 1:30 PM, James Zink james.zink@frls.org wrote:
(7) “Rental agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.
I think you are reading the section wrong. You are taking it to mean, essentially, written or oral agreement for a duration of less than 1 year. I believe it is meant to read: a written agreement providing use and occupancy of premises OR oral agreement for a duration of less than 1 year providing for use and occupancy of premises. This would be in line with the statute of frauds issue raised by a previous emailer. Not surprisingly, it is written poorly and can be read both ways, but I think the application as I have seen it uses my interpretation.
James Zink, Esq.
Florida Rural Legal Services, Inc.
3111 South Dixie Highway, Suite 140
West Palm Beach, FL 33405
Phone: (561) 820-8902 x. 6025
Fax: (561) 820-8892
The information contained in this e-mail, including any attachment(s), is intended solely for use by the named addressee(s). If you are not the intended recipient, or a person designated as responsible for delivering such messages to the intended recipient, you are not authorized to disclose, copy, distribute or retain this message, in whole or in part, without written authorization from the sender. If you have received this message in error, please notify the sender immediately
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 12:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
Manny with regard to 1 below. §83.43(7) defines a Rental Agreement as any written agreement…for a duration of less than 1 year. §83.56 pertains to Rental Agreements.
I don’t see how the chapter applies to a rental agreement for more than one year.
What am I missing?
Eric Jacobs
eric@beloffparker.com
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure.If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, May 20, 2014 12:08 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] 2 Questions
1. No, just has to comply with the general Statute of Frauds but still maintain right to evict
2. Automatic renewals are problematic for courts, but it can be done if your client really wants to
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
http://www.richmangreer.com/
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message..
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, May 20, 2014 11:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] 2 Questions
By entering into a residential lease for more than one year, does a landlord lose the right to evict? It would seem based on the definitions in the statute that if the lease is for more than one year, the landlord would have to foreclose/eject.
Secondarily, to avoid the above, does anyone see any potential problem with entering into a one year lease with an automatic renewal for an additional year unless both parties agree otherwise (rendering it effectively a two year lease without technically being one)?
Eric Jacobs
eric@beloffparker.com
Partner
AV Rated
Board Certified – Real Estate
Beloff | Parker | Jacobs, PLC and
Clear Title Group, LLC
Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691Michigan Avenue, Suite 320
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile
Confidentiality and Relationship Disclosure.If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi
Sent: Tuesday, May 20, 2014 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 Questions
Scenario 1: Client buys REO property from lender. Previous owner (defendant in foreclosure) remains on property. Court retains jurisdiction to issue a WOP.
QUESTION: Do you believe the retention of jurisdiction to issue a WOP would apply to the purchaser from the bank?
Scenario 2: Client buys REO property from lender. Property has occupants whose name/status are unknown.
QUESTION: In an action for possession (probably detainer), name defendants as “Unknown Occupants”? Any other suggestions?
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS@CARUSILAW.COM.
Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
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