Empathy List Archives

H

harry (at) evict.com

Fri, Jul 9, 2010 4:42 PM

Hi All,

We have already had over 10 situations regarding this and the CA/HOA making
the rent demand. The law is indeed a mess.

The result is going to be property manager losing accounts and CA/HOA's
making this a continuing payment to them and abusing it.

What about repairs? What about if a tenant is in a legitimate rent
withholding posture? What about the definition of landlord in FS 83 and
this new law?

Attached is what I am sending my property manager clients to encourage the
CA/HOA to keep the property manager in the loop.

Additionally, if an attorney sends a demand letter to the tenant, I believe
it must comply with the FDCPA. And just a reminder. NEVER prepare a Three
Day Notice for a client with your name on it without complying with the
FDCPA.

Here is my sample form.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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

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 All, We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess. The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it. What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law? Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop. Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA. Here is my sample form. Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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 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.

SW

Shane Weaver

Fri, Jul 9, 2010 4:59 PM

Harry,

The legal services Housing Umbrella Group tried to fix some of the problems in the bill, but our advice was not taken. The law is great for associations, but basically destroys a tenant's right to withhold rent. Not to mention, some of the provisions are simply confusing, and there's no statutory demand language as with Chapter 83.

I fear that the law will lead to unnecessary litigation and avoidable evictions. Hopefully the legislature will re-visit this next session.

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Friday, July 09, 2010 12:43 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] The new condo law

Hi All,

We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess.

The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it.

What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law?

Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop.

Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA.

Here is my sample form.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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
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.

Harry, The legal services Housing Umbrella Group tried to fix some of the problems in the bill, but our advice was not taken. The law is great for associations, but basically destroys a tenant's right to withhold rent. Not to mention, some of the provisions are simply confusing, and there's no statutory demand language as with Chapter 83. I fear that the law will lead to unnecessary litigation and avoidable evictions. Hopefully the legislature will re-visit this next session. Shane Weaver, Esq. Legal Aid Society of Palm Beach County 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Tel. (561) 822-9785 Fax (561) 655-5269 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Friday, July 09, 2010 12:43 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] The new condo law Hi All, We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess. The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it. What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law? Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop. Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA. Here is my sample form. Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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> 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.

CS

Cary Sabol

Fri, Jul 9, 2010 6:22 PM

Do you include a separate FDCPA Notice attached to the 3 Day or do you include additional FDCPA language in the 3 day itself?

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 697-4805

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

--- On Fri, 7/9/10, harry@evict.com harry@evict.com wrote:

From: harry@evict.com harry@evict.com
Subject: [RPPTL LandTen] The new condo law
To: landten@lists.flabarrpptl.org
Date: Friday, July 9, 2010, 12:42 PM

Hi All,

We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess.

The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it.

What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law?

Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop.

Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA.

Here is my sample form.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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.

-----Inline Attachment Follows-----

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

Do you include a separate FDCPA Notice attached to the 3 Day or do you include additional FDCPA language in the 3 day itself? Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Fax: (561) 697-4805 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. --- On Fri, 7/9/10, harry@evict.com <harry@evict.com> wrote: From: harry@evict.com <harry@evict.com> Subject: [RPPTL LandTen] The new condo law To: landten@lists.flabarrpptl.org Date: Friday, July 9, 2010, 12:42 PM Hi All, We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess. The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it. What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law? Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop. Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA. Here is my sample form. Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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. -----Inline Attachment Follows----- _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

H

harry (at) evict.com

Fri, Jul 9, 2010 6:37 PM

I NEVER prepare Three Day Notices because an argument can be made that they
have a 30 day dispute period thus making the notice ambiguous BUT if you do,
I would refer to the back of the notice and have it printed boldly on the
back of the notice. If you attach it, the tenant can say it was not
attached.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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

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: Friday, July 09, 2010 2:22 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] The new condo law

Do you include a separate FDCPA Notice attached to the 3 Day or do you
include additional FDCPA language in the 3 day itself?

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Fax: (561) 697-4805

Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.

--- On Fri, 7/9/10, harry@evict.com harry@evict.com wrote:

From: harry@evict.com harry@evict.com
Subject: [RPPTL LandTen] The new condo law
To: landten@lists.flabarrpptl.org
Date: Friday, July 9, 2010, 12:42 PM

Hi All,

We have already had over 10 situations regarding this and the CA/HOA making
the rent demand. The law is indeed a mess.

The result is going to be property manager losing accounts and CA/HOA's
making this a continuing payment to them and abusing it.

What about repairs? What about if a tenant is in a legitimate rent
withholding posture? What about the definition of landlord in FS 83 and
this new law?

Attached is what I am sending my property manager clients to encourage the
CA/HOA to keep the property manager in the loop.

Additionally, if an attorney sends a demand letter to the tenant, I believe
it must comply with the FDCPA. And just a reminder. NEVER prepare a Three
Day Notice for a client with your name on it without complying with the
FDCPA.

Here is my sample form.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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: http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com
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.

-----Inline Attachment Follows-----

landten mailing list

http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
http://mailman.fsr.com/mailman/listinfo/landten

I NEVER prepare Three Day Notices because an argument can be made that they have a 30 day dispute period thus making the notice ambiguous BUT if you do, I would refer to the back of the notice and have it printed boldly on the back of the notice. If you attach it, the tenant can say it was not attached. Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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 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: Friday, July 09, 2010 2:22 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] The new condo law Do you include a separate FDCPA Notice attached to the 3 Day or do you include additional FDCPA language in the 3 day itself? Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Fax: (561) 697-4805 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. --- On Fri, 7/9/10, harry@evict.com <harry@evict.com> wrote: From: harry@evict.com <harry@evict.com> Subject: [RPPTL LandTen] The new condo law To: landten@lists.flabarrpptl.org Date: Friday, July 9, 2010, 12:42 PM Hi All, We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess. The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it. What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law? Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop. Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA. Here is my sample form. Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, 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: <http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com> 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. -----Inline Attachment Follows----- _______________________________________________ landten mailing list <http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org> landten@lists.flabarrpptl.org <http://mailman.fsr.com/mailman/listinfo/landten> http://mailman.fsr.com/mailman/listinfo/landten