Empathy List Archives

HH

Harry Heist

Thu, Jul 16, 2020 7:51 PM

Hi All,

This is really not landlord/tenant related but a property management group
had me booked to do a property management legal training event in mid August
and the group is cancelling it.

The hotel wants to charge them over $14,000 because of them cancelling. It
will clean out the association if they even have that much money.

It has a force majeure clause (attached)

Do these clauses go both ways? Anyone represent any organizations that are
dealing with this?

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

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Hi All, This is really not landlord/tenant related but a property management group had me booked to do a property management legal training event in mid August and the group is cancelling it. The hotel wants to charge them over $14,000 because of them cancelling. It will clean out the association if they even have that much money. It has a force majeure clause (attached) Do these clauses go both ways? Anyone represent any organizations that are dealing with this? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

BE

Brenda Ezell

Thu, Jul 16, 2020 7:57 PM

Hi Harry. This one appears to go both ways, however, cancellation due to COVID-19 is not covered unless by some stretch you can argue that it is an act of God which I think is a long shot, but I've not done any research to back up my opinion. If the city shut down all events for their planned dates, I think that would be covered under this force majeure clause.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

[cid:image002.png@01D622E5.16EDD9B0]
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
www.ezellfirmpa.com http://www.ezellfirmpa.com/

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, July 16, 2020 3:51 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Force Majeure??

Hi All,

This is really not landlord/tenant related but a property management group had me booked to do a property management legal training event in mid August and the group is cancelling it.

The hotel wants to charge them over $14,000 because of them cancelling. It will clean out the association if they even have that much money.

It has a force majeure clause (attached)

Do these clauses go both ways? Anyone represent any organizations that are dealing with this?

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
[cid:image004.png@01D65B89.D82FB260]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

Hi Harry. This one appears to go both ways, however, cancellation due to COVID-19 is not covered unless by some stretch you can argue that it is an act of God which I think is a long shot, but I've not done any research to back up my opinion. If the city shut down all events for their planned dates, I think that would be covered under this force majeure clause. Brenda Best regards, Brenda B. Ezell, B.C.S. [BCS] [cid:image002.png@01D622E5.16EDD9B0] 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) www.ezellfirmpa.com<http://www.ezellfirmpa.com/> CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, July 16, 2020 3:51 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Force Majeure?? Hi All, This is really not landlord/tenant related but a property management group had me booked to do a property management legal training event in mid August and the group is cancelling it. The hotel wants to charge them over $14,000 because of them cancelling. It will clean out the association if they even have that much money. It has a force majeure clause (attached) Do these clauses go both ways? Anyone represent any organizations that are dealing with this? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image004.png@01D65B89.D82FB260]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

JM

Jordan M Brill

Thu, Jul 16, 2020 8:02 PM

That agreement does go both ways, but you would need a "circumstance making it illegal or impossible to use hotel facilities." You may be able to find an argument regarding "illegal or impossible to use hotel facilities," but you are going to have to dig. I would research the state, city and county orders/regulations in effect where the hotel is located which could support that argument.

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com
www.glachmanbrill.com http://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

From: landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Thursday, July 16, 2020 3:51 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Force Majeure??

Hi All,

This is really not landlord/tenant related but a property management group had me booked to do a property management legal training event in mid August and the group is cancelling it.

The hotel wants to charge them over $14,000 because of them cancelling. It will clean out the association if they even have that much money.

It has a force majeure clause (attached)

Do these clauses go both ways? Anyone represent any organizations that are dealing with this?

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
[cid:image001.png@01D65B8A.925CFB70]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

That agreement does go both ways, but you would need a "circumstance making it illegal or impossible to use hotel facilities." You may be able to find an argument regarding "illegal or impossible to use hotel facilities," but you are going to have to dig. I would research the state, city and county orders/regulations in effect where the hotel is located which could support that argument. Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you. From: landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist Sent: Thursday, July 16, 2020 3:51 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Force Majeure?? Hi All, This is really not landlord/tenant related but a property management group had me booked to do a property management legal training event in mid August and the group is cancelling it. The hotel wants to charge them over $14,000 because of them cancelling. It will clean out the association if they even have that much money. It has a force majeure clause (attached) Do these clauses go both ways? Anyone represent any organizations that are dealing with this? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01D65B8A.925CFB70]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.