Empathy List Archives

L

lesstevens

Mon, Feb 4, 2013 11:49 PM

Here's a unique one...Landlord sues Tenant for untimely payment under
written residential lease. While waiting for the "expedited hearing" Tenant
causes disturbance at the property and eventually "exposes himself" to a
minor and Landlord and is arrested. (Minor is the Landlord's son and does
work around the property). Fearing for their safety, Landlord obtains
restraining order against Tenant, which included precluding Tenant to go
back to the property. Does this action supersede the eviction and give the
Landlord the right to immediate possession?

Any insight would be helpful.

Thanx.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY

Here's a unique one...Landlord sues Tenant for untimely payment under written residential lease. While waiting for the "expedited hearing" Tenant causes disturbance at the property and eventually "exposes himself" to a minor and Landlord and is arrested. (Minor is the Landlord's son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession? Any insight would be helpful. Thanx. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ____________________________________________________________________________ ____________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

EJ

Eric Jacobs

Mon, Feb 4, 2013 11:55 PM

No. Order precluding tenant from being on premises is not the same as landlord having right to be on premises.

Question back. I have a tenant claiming right to dismissal because 3 day was signed by lawyer ( with FDCPA disclaimer) . Im fairly comfortable with regard to numerous reasons why its inapplicable notwithstanding Sailboat Bend, but Id welcome any thoughts from all. Thanks

Sent from my iphone

On Feb 4, 2013, at 6:50 PM, "lesstevens" <lesstevens@earthlink.net mailto:lesstevens@earthlink.net> wrote:

Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession?

Any insight would be helpful.

Thanx.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

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No. Order precluding tenant from being on premises is not the same as landlord having right to be on premises. Question back. I have a tenant claiming right to dismissal because 3 day was signed by lawyer ( with FDCPA disclaimer) . Im fairly comfortable with regard to numerous reasons why its inapplicable notwithstanding Sailboat Bend, but Id welcome any thoughts from all. Thanks Sent from my iphone On Feb 4, 2013, at 6:50 PM, "lesstevens" <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>> wrote: Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession? Any insight would be helpful. Thanx. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________________________________________________________________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

LJ

Lainie J Simon

Tue, Feb 5, 2013 4:14 AM

You use the emergency termination provision of the statute and then file.

Sent from my iPhone; sorry for any errors.

On Feb 4, 2013, at 6:49 PM, "lesstevens" lesstevens@earthlink.net wrote:

Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession?

Any insight would be helpful.

Thanx.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

You use the emergency termination provision of the statute and then file. Sent from my iPhone; sorry for any errors. On Feb 4, 2013, at 6:49 PM, "lesstevens" <lesstevens@earthlink.net> wrote: > Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession? > > Any insight would be helpful. > > Thanx. > > > Les H. Stevens, Esquire > Les H. Stevens, P.A. > 5301 North Federal Highway > Suite 130 > Boca Raton, Florida 33487 > Tel. - (561) 989-9797 > Fax - (561) 989-8484 > E-Mail - lesstevens@earthlink.net > > ________________________________________________________________________________________ > THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

CS

Cary Sabol

Tue, Feb 5, 2013 4:11 PM

Les,

I would definitely recommend that you still complete the eviction process prior to taking back possession, despite the burden it may be to the landlord to do so. I don't believe anything (other than actual abandonment by the tenant) allows a landlord to resort to self help remedies, including an assault on the landlord and the resulting restraining order. To my knowledge, nothing is a substitute for an eviction.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

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.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: lesstevens lesstevens@earthlink.net
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, February 4, 2013 6:49 PM
Subject: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant

Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession?

Any insight would be helpful.

Thanx.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Les, I would definitely recommend that you still complete the eviction process prior to taking back possession, despite the burden it may be to the landlord to do so. I don't believe anything (other than actual abandonment by the tenant) allows a landlord to resort to self help remedies, including an assault on the landlord and the resulting restraining order. To my knowledge, nothing is a substitute for an eviction. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 ________________________________ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ________________________________ From: lesstevens <lesstevens@earthlink.net> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Sent: Monday, February 4, 2013 6:49 PM Subject: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession? Any insight would be helpful. Thanx. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ________________________________________________________________________________________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

HW

Heist, Weisse & Wolk

Tue, Feb 5, 2013 4:15 PM

Complete the eviction.

A Temp Restraining Order/Injunction can be lifted and often they are.

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

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

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, February 05, 2013 11:11 AM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant

Les,

I would definitely recommend that you still complete the eviction process prior to taking back possession, despite the burden it may be to the landlord to do so. I don't believe anything (other than actual abandonment by the tenant) allows a landlord to resort to self help remedies, including an assault on the landlord and the resulting restraining order. To my knowledge, nothing is a substitute for an eviction.

Cary

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Phone: (561) 281-2744

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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: lesstevens lesstevens@earthlink.net
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, February 4, 2013 6:49 PM
Subject: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant

Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession?

Any insight would be helpful.

Thanx.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Complete the eviction. A Temp Restraining Order/Injunction can be lifted and often they are. 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 THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Tuesday, February 05, 2013 11:11 AM To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant Les, I would definitely recommend that you still complete the eviction process prior to taking back possession, despite the burden it may be to the landlord to do so. I don't believe anything (other than actual abandonment by the tenant) allows a landlord to resort to self help remedies, including an assault on the landlord and the resulting restraining order. To my knowledge, nothing is a substitute for an eviction. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. From: lesstevens <lesstevens@earthlink.net> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Sent: Monday, February 4, 2013 6:49 PM Subject: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession? Any insight would be helpful. Thanx. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ________________________________________________________________________________________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

MF

Manuel Farach

Tue, Feb 5, 2013 4:16 PM

I agree with Cary. A leasehold is an estate in land and cannot be terminated absent abandonment or eviction per the statute

Sent from my iPhone

On Feb 5, 2013, at 11:14 AM, "Cary Sabol" <sabollawoffice@yahoo.com mailto:sabollawoffice@yahoo.com> wrote:

Les,
I would definitely recommend that you still complete the eviction process prior to taking back possession, despite the burden it may be to the landlord to do so. I don't believe anything (other than actual abandonment by the tenant) allows a landlord to resort to self help remedies, including an assault on the landlord and the resulting restraining order. To my knowledge, nothing is a substitute for an eviction.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: lesstevens <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Sent: Monday, February 4, 2013 6:49 PM
Subject: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant

Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession?

Any insight would be helpful.

Thanx.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net

[http://www.richmangreer.com/emailsig/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.com http://www.RichmanGreer.com

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I agree with Cary. A leasehold is an estate in land and cannot be terminated absent abandonment or eviction per the statute Sent from my iPhone On Feb 5, 2013, at 11:14 AM, "Cary Sabol" <sabollawoffice@yahoo.com<mailto:sabollawoffice@yahoo.com>> wrote: Les, I would definitely recommend that you still complete the eviction process prior to taking back possession, despite the burden it may be to the landlord to do so. I don't believe anything (other than actual abandonment by the tenant) allows a landlord to resort to self help remedies, including an assault on the landlord and the resulting restraining order. To my knowledge, nothing is a substitute for an eviction. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 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. 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From: lesstevens <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Sent: Monday, February 4, 2013 6:49 PM Subject: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession? Any insight would be helpful. Thanx. Les H. Stevens, Esquire Les H. 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