Re: [CLC-Discussion] Expired lease and moratorium on evictions
Depends. If residential potentially yes, but you can ask court to hold evidentiary hearing as to whether the tenant meets the protected class.
Sent from my iPhone
On Apr 1, 2021, at 9:22 AM, RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org wrote:
My landlord client has a tenant who refuses to vacate after the lease has expired and has raised the defense to removal or eviction of the moratorium. Does anyone have any advice as to whether the moratorium applies to an expired lease? The answer may seem simple but any advice would be appreciated.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
It is residential. Thanks for the advice.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 9:53 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
Depends. If residential potentially yes, but you can ask court to hold evidentiary hearing as to whether the tenant meets the protected class.
Sent from my iPhone
On Apr 1, 2021, at 9:22 AM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
My landlord client has a tenant who refuses to vacate after the lease has expired and has raised the defense to removal or eviction of the moratorium. Does anyone have any advice as to whether the moratorium applies to an expired lease? The answer may seem simple but any advice would be appreciated.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.orgmailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
As I read the CDC order, it is for non-payment of rent, not for lease expiration. You may hit a snag because some municipalities have put a stop to serving the writs, but those are being challenged. I know it is currently changing in Miami-Dade.
Good luck!
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 10:09 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: leesadculver@hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
It is residential. Thanks for the advice.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 9:53 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
Depends. If residential potentially yes, but you can ask court to hold evidentiary hearing as to whether the tenant meets the protected class.
Sent from my iPhone
On Apr 1, 2021, at 9:22 AM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
My landlord client has a tenant who refuses to vacate after the lease has expired and has raised the defense to removal or eviction of the moratorium. Does anyone have any advice as to whether the moratorium applies to an expired lease? The answer may seem simple but any advice would be appreciated.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.orgmailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
I agree, I believe the CDC order only applies to non-payment of rent
evictions. Further, Miami-Dade County has begun executing residential Writs
of Possessions.
Salvador A. Jurado Jr., Esq., P.E.
Jurado Law Group, P.A.
6401 N.W. 74th Avenue
Miami, Florida 33166
Tel (305) 594-4050
Fax (305) 477-8092
Email: Salvador@JuradoLaw.com
Website: www.JuradoLaw.com http://www.juradolaw.com/
NOTICE: This e-mail message and any attachment to this e-mail contain
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constitute acceptance of conducting transactions via electronic means nor
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From: clc-discussion-bounces@lists.flabarrpptl.org <
clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL
CLC-Discussion
Sent: Thursday, April 1, 2021 10:18 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: leesadculver@hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
As I read the CDC order, it is for non-payment of rent, not for lease
expiration. You may hit a snag because some municipalities have put a stop
to serving the writs, but those are being challenged. I know it is
currently changing in Miami-Dade.
Good luck!
From: clc-discussion-bounces@lists.flabarrpptl.org <
clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL
CLC-Discussion
Sent: Thursday, April 1, 2021 10:09 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: leesadculver@hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
It is residential. Thanks for the advice.
From: clc-discussion-bounces@lists.flabarrpptl.org <
clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL
CLC-Discussion
Sent: Thursday, April 1, 2021 9:53 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
Depends. If residential potentially yes, but you can ask court to hold
evidentiary hearing as to whether the tenant meets the protected class.
Sent from my iPhone
On Apr 1, 2021, at 9:22 AM, RPPTL CLC-Discussion <
clc-discussion@lists.flabarrpptl.org> wrote:
My landlord client has a tenant who refuses to vacate after the lease has
expired and has raised the defense to removal or eviction of the
moratorium. Does anyone have any advice as to whether the moratorium
applies to an expired lease? The answer may seem simple but any advice
would be appreciated.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
Thanks to everyone for the responses. If I was the judge it would be no lease no moratorium. We’ll see. Thanks again.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 10:33 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: leesadculver@hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
I agree, I believe the CDC order only applies to non-payment of rent evictions. Further, Miami-Dade County has begun executing residential Writs of Possessions.
Salvador A. Jurado Jr., Esq., P.E.
Jurado Law Group, P.A.
6401 N.W. 74th Avenue
Miami, Florida 33166
Tel (305) 594-4050
Fax (305) 477-8092
Email: Salvador@JuradoLaw.commailto:Salvador@JuradoLaw.com
Website: www.JuradoLaw.comhttps://urldefense.proofpoint.com/v2/url?u=http-3A__www.juradolaw.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TjMLWSg6nW_5NcmdFA86geY4fsBN6_zKj25nG6M-Xzc&m=oZXL0dIKlcUl9epwyAMGE1Pr1XkyB9bMFm1nuwz-gqY&s=HbyiKeqcqv-g3XRtksXcAwNM3gRHmkPtxeyLd6qXbpk&e=
NOTICE: This e-mail message and any attachment to this e-mail contain confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail by telephone at (305) 594-4050 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message or contains an attachment, some or all of the contents of this message or any attachments may not have been produced by The Jurado law Group, P.A. Electronic mail sent or received shall neither constitute acceptance of conducting transactions via electronic means nor create a binding contract until and unless a separate written contract is signed by the parties to the transaction or contract.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 10:18 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: leesadculver@hotmail.commailto:leesadculver@hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
As I read the CDC order, it is for non-payment of rent, not for lease expiration. You may hit a snag because some municipalities have put a stop to serving the writs, but those are being challenged. I know it is currently changing in Miami-Dade.
Good luck!
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 10:09 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: leesadculver@hotmail.commailto:leesadculver@hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
It is residential. Thanks for the advice.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 9:53 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
Depends. If residential potentially yes, but you can ask court to hold evidentiary hearing as to whether the tenant meets the protected class.
Sent from my iPhone
On Apr 1, 2021, at 9:22 AM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
My landlord client has a tenant who refuses to vacate after the lease has expired and has raised the defense to removal or eviction of the moratorium. Does anyone have any advice as to whether the moratorium applies to an expired lease? The answer may seem simple but any advice would be appreciated.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.orgmailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussionhttps://urldefense.proofpoint.com/v2/url?u=http-3A__mailman.fsr.com_mailman_listinfo_clc-2Ddiscussion&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TjMLWSg6nW_5NcmdFA86geY4fsBN6_zKj25nG6M-Xzc&m=oZXL0dIKlcUl9epwyAMGE1Pr1XkyB9bMFm1nuwz-gqY&s=UvqTBUENVhHZeeR51mECS5vdxWr0r-OrmueaE8zFxag&e=
I have done 3 evictions based on expiration of the lease (Manatee and Sarasota County). The court each time found that the moratorium did not apply as the eviction was not due to non-payment of rent, but rather other contract breach
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
http://www.vwslaw.com www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at mailto:lauriesams@comcast.net lauriesams@comcast.net and immediately delete this message and all of its attachments.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 01, 2021 10:09 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: leesadculver@hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
It is residential. Thanks for the advice.
From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 9:53 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
Depends. If residential potentially yes, but you can ask court to hold evidentiary hearing as to whether the tenant meets the protected class.
Sent from my iPhone
On Apr 1, 2021, at 9:22 AM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org > wrote:
My landlord client has a tenant who refuses to vacate after the lease has expired and has raised the defense to removal or eviction of the moratorium. Does anyone have any advice as to whether the moratorium applies to an expired lease? The answer may seem simple but any advice would be appreciated.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org mailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
Great advice. Thanks
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 11:21 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: leesadculver@hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
I have done 3 evictions based on expiration of the lease (Manatee and Sarasota County). The court each time found that the moratorium did not apply as the eviction was not due to non-payment of rent, but rather other contract breach
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.netmailto:lauriesams@comcast.net
www.vwslaw.comhttps://urldefense.proofpoint.com/v2/url?u=http-3A__www.vwslaw.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TjMLWSg6nW_5NcmdFA86geY4fsBN6_zKj25nG6M-Xzc&m=5tkwdLGlsUHtSbvlpXN9PiH1lm-t19goU48WdjNLlG8&s=18yIuB5L9Io033QkGmn15RJlZvx2xdh0GTZ0JbEdVAE&e=
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams@comcast.netmailto:lauriesams@comcast.net and immediately delete this message and all of its attachments.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 01, 2021 10:09 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: leesadculver@hotmail.commailto:leesadculver@hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
It is residential. Thanks for the advice.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 9:53 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions
Depends. If residential potentially yes, but you can ask court to hold evidentiary hearing as to whether the tenant meets the protected class.
Sent from my iPhone
On Apr 1, 2021, at 9:22 AM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
My landlord client has a tenant who refuses to vacate after the lease has expired and has raised the defense to removal or eviction of the moratorium. Does anyone have any advice as to whether the moratorium applies to an expired lease? The answer may seem simple but any advice would be appreciated.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.orgmailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussionhttps://urldefense.proofpoint.com/v2/url?u=http-3A__mailman.fsr.com_mailman_listinfo_clc-2Ddiscussion&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TjMLWSg6nW_5NcmdFA86geY4fsBN6_zKj25nG6M-Xzc&m=5tkwdLGlsUHtSbvlpXN9PiH1lm-t19goU48WdjNLlG8&s=Lb2l6hXScuggjEOjYWAsy7smDF3cdKQkdB4oQ7Iq77U&e=