Josh Spoont, an attorney in our Miami office, has a friend with a problem explained below. If you are aware how to help Josh’s friend, please email Josh direct (not the Listserv) at jspoont@richmangreer.commailto:jspoont@richmangreer.com. Below is the issue:

A childhood friend of mine had a terrible experience with a townhouse she was set to rent in north broward county.  She paid $7800 for first last security and one extra month. However she was quickly forced to move out because of a bunch of issues with the place which rendered it unsafe, including mold. (She's a single mother with two young kids under 2). The landlord refused to remedy the problems and now refuses to return the $7800 (or any portion of it).

Does anyone know of an attorney who would take on this case, or alternatively does anyone have a contact at legal aid who can help get their attention? (she has been trying to get someone to call her back from legal aid to no avail)

She does not have much money and was forced to move back into her mother's house with her kids.  Any recommendations would be appreciated. Thanks.

Josh

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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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What do you all think about prohibiting guns on conventional private property?

Multifamily?

Single Family houses?

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

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Private property with a non-state actor? It’s probably permissible, but what is the remedy or penalty? Eviction? Increased rent? Dealing with a violation may be problematic

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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.

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Wednesday, January 15, 2014 5:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Guns

What do you all think about prohibiting guns on conventional private property?

Multifamily?

Single Family houses?

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.

What if the tenant has a concealed weapons license?

Gioia DeCarlo, Esquire
Law Office of Gioia DeCarlo, P.A.
828 N.W. 9th Court
Miami, Florida 33136
O. 305-324-9823
Efax 888-551-2980

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Wednesday, January 15, 2014 5:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Guns

What do you all think about prohibiting guns on conventional private property?

Multifamily?

Single Family houses?

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.

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

We have been getting requests for this by apartment communities. We have dealt with a number of "accidental" shootings in units where bullets have ended up in the next door neighbor's apartment.

I really am looking for any legal basis to prohibit.  Can business owners in Florida prohibit them from places of business like stores?

This is what Brian Wolk got me from Tennessee.  http://www.tennessee.gov/attorneygeneral/op/2009/op/op09-170.pdf

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 Horky Law
Sent: Wednesday, January 15, 2014 6:09 PM
To: landten@lists.flabarrpptl.org; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Guns

I think it's an infringement on a tenant's rights. What would be the reason to strip a law abiding citizen of his/her right to own a firearm and to defend themselves? Gun free zones do nothing but telegraph to criminals that they won't have to worry about being shot when they break and enter or assault a tenant in a parking lot, etc. Moreover, the criminal will not abide by that rule‎--that's why they are criminals. What type of security will a landlord provide once they have rented all of their units? What about gun owners who already are under contract? Grandfathered in? It's a dangerous and slippery slope.  I'd never live there.

Sent from Anthony Horky's mobile email

From: Heist, Weisse & Wolk

Sent: Wednesday, January 15, 2014 5:21 PM

To: 'RPPTL Landlord Tenant Committee'

Reply To: RPPTL Landlord Tenant Committee

Subject: [RPPTL LandTen] Guns

What do you all think about prohibiting guns on conventional private property?

Multifamily?

Single Family houses?

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.

The unarmed rule-followers would be at the mercy of the armed rule-breakers.  Would your landlord really want to try and enforce a violation of this rule knowing that their tenant is armed?  I think the private property owner should be able to do with the property what they like.

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.commailto:choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial:  850-444-3881
Fax:  850-434-7163

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Wednesday, January 15, 2014 4:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Guns

What do you all think about prohibiting guns on conventional private property?

Multifamily?

Single Family houses?

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.

Back in the day we evicted a tenant with a gun, in violation of the rules.  Sent a violation notice and then evicted.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.445.1361
561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Jan 15, 2014, at 6:24 PM, Chuck Hoskin CHoskin@esclaw.com wrote:

The unarmed rule-followers would be at the mercy of the armed rule-breakers.  Would your landlord really want to try and enforce a violation of this rule knowing that their tenant is armed?  I think the private property owner should be able to do with the property what they like.

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial:  850-444-3881
Fax:  850-434-7163

<image001.png>

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Wednesday, January 15, 2014 4:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Guns

What do you all think about prohibiting guns on conventional private property?

Multifamily?

Single Family houses?

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

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

Lainie:

I hope you meant to say that you evicted a tenant who had a gun.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[gm-horizontal-two-color.jpg]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Wednesday, January 15, 2014 8:18 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Guns

Back in the day we evicted a tenant with a gun, in violation of the rules.  Sent a violation notice and then evicted.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.445.1361
561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Jan 15, 2014, at 6:24 PM, Chuck Hoskin <CHoskin@esclaw.commailto:CHoskin@esclaw.com> wrote:

The unarmed rule-followers would be at the mercy of the armed rule-breakers.  Would your landlord really want to try and enforce a violation of this rule knowing that their tenant is armed?  I think the private property owner should be able to do with the property what they like.

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.commailto:choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial:  850-444-3881
Fax:  850-434-7163

<image001.png>

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Wednesday, January 15, 2014 4:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Guns

What do you all think about prohibiting guns on conventional private property?

Multifamily?

Single Family houses?

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.

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http://mailman.fsr.com/mailman/listinfo/landten

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