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RPPTL Real Estate Leasing Committee

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comments by 9am tomorrow

RR
RPPTL Real Estate Leasing Committee
Mon, Sep 27, 2021 11:23 AM

In general, I am big fan of Mediations for Eviction cases (or any dispute for that matter).  In fact, many judges along the Southeast coast already schedule a Mediation before they hold any hearings, even though the tenants rarely make the required deposit.

However, I would agree with the group's general consensus that this is unnecessary and will ultimately only delay the process.  In my opinion, there is no impending "flood" of Eviction cases, it's more of an anecdotal talking point for the media and politicians than it is a reality.  There were enough exceptions to the Moratorium to allow enough cases to trickle through the system to avoid a flood. Because of that, combined with the stimulus payments for rent, I have not seen any major increase in Evictions and don't believe there is an actual problem to be solved.  For those reasons, I would not support this proposal as I believe it's unnecessary and not support by the reality of the situation.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

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: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org
Sent: Sunday, September 26, 2021 3:04 PM
To: landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow

Totally opposed to mandatory mediation for residential tenancies. Unlike foreclosures, the tenants have no equity in the property that they are going to lose because something happened and rarely have legit defenses- and when they do have legit defenses they get mediation under the current system. There is no security for the landlord that is protected during the delay time- (i.e. the equity). Every day of delay when Tenant is not paying is pure loss to the landlord that they did not contemplate when executing the lease. The leases executed to date were based upon a contract entered into based upon a statute that said if the tenant did not pay they could send a three day letter and then if the money is not put into the court registry a writ issues pretty damn fast. If the landlord expects a protracted eviction with mediation, they need a much much larger security deposit. And, mediate what? The landlord being pushed to just take less for what consideration?

I understand the sympathy for tenants, but this is an undue interference with contractual rights that were based upon current statutes and retroactively interfering with them is unfair.

Off soapbox now.

Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400

On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org> wrote:

Please review and comment on the attached, along with practical issues.  Please respond by 9am tomorrow.

Christopher A. Sajdera, Esquire

https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g

Board Certified Specialist, Condominium and Planned Development Law

Sajdera, PA

Palm Beach Office:

200 East Palmetto Park Road, Suite 103https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g

Boca Raton, Florida 33432https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g

https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g

Direct: 561-910-3082

Phone: 561-948-4000

Facsimile: 561-948-6052

Broward Office:

2005 W. Cypress Creek Rd., Suite 203https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g

Ft. Lauderdale, FL 33309https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g

Phone: 954-869-0980

Facsimile: 954-869-0981

Email: cas@saj-law.commailto:cas@saj-law.com

This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.


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Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.commailto:deborahmarkslaw@gmail.com
deborah@deborahmarks.lawmailto:deborah@deborahmarks.law
synergy928@aol.commailto:synergy928@aol.com

In general, I am big fan of Mediations for Eviction cases (or any dispute for that matter). In fact, many judges along the Southeast coast already schedule a Mediation before they hold any hearings, even though the tenants rarely make the required deposit. However, I would agree with the group's general consensus that this is unnecessary and will ultimately only delay the process. In my opinion, there is no impending "flood" of Eviction cases, it's more of an anecdotal talking point for the media and politicians than it is a reality. There were enough exceptions to the Moratorium to allow enough cases to trickle through the system to avoid a flood. Because of that, combined with the stimulus payments for rent, I have not seen any major increase in Evictions and don't believe there is an actual problem to be solved. For those reasons, I would not support this proposal as I believe it's unnecessary and not support by the reality of the situation. Cary Sabol Cary P. Sabol, Esq. J.D. (2001), LLM (2009) Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Office: (561) 413-4449 Cell: (561) 281-2744 Fax: (888) 316-2881 Email: CSABOL@SABOLLAW.COM<mailto:CSABOL@SABOLLAW.COM> BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS. PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing" CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted. THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. 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: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> Sent: Sunday, September 26, 2021 3:04 PM To: landten@lists.flabarrpptl.org <landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com> Subject: Re: [RPPTL Leasing Committee] comments by 9am tomorrow Totally opposed to mandatory mediation for residential tenancies. Unlike foreclosures, the tenants have no equity in the property that they are going to lose because something happened and rarely have legit defenses- and when they do have legit defenses they get mediation under the current system. There is no security for the landlord that is protected during the delay time- (i.e. the equity). Every day of delay when Tenant is not paying is pure loss to the landlord that they did not contemplate when executing the lease. The leases executed to date were based upon a contract entered into based upon a statute that said if the tenant did not pay they could send a three day letter and then if the money is not put into the court registry a writ issues pretty damn fast. If the landlord expects a protracted eviction with mediation, they need a much much larger security deposit. And, mediate what? The landlord being pushed to just take less for what consideration? I understand the sympathy for tenants, but this is an undue interference with contractual rights that were based upon current statutes and retroactively interfering with them is unfair. Off soapbox now. Deborah Marks Deborah Marks, PLLC 18495 South Dixie Highway Suite 134 Miami, FL 33157 305-372-9400 On Sun, Sep 26, 2021 at 1:44 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> wrote: Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow. Christopher A. Sajdera, Esquire <https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g> Board Certified Specialist, Condominium and Planned Development Law Sajdera, PA Palm Beach Office: 200 East Palmetto Park Road, Suite 103<https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g> Boca Raton, Florida 33432<https://www.google.com/maps/search/200+East+Palmetto+Park+Road,+Suite+103+%0D%0A+Boca+Raton,+Florida+33432?entry=gmail&source=g> <https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g> Direct: 561-910-3082 Phone: 561-948-4000 Facsimile: 561-948-6052 Broward Office: 2005 W. Cypress Creek Rd., Suite 203<https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g> Ft. Lauderdale, FL 33309<https://www.google.com/maps/search/2005+W.+Cypress+Creek+Rd.,+Suite+203+%0D%0A+Ft.+Lauderdale,+FL+33309?entry=gmail&source=g> Phone: 954-869-0980 Facsimile: 954-869-0981 Email: cas@saj-law.com<mailto:cas@saj-law.com> This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten -- Deborah Marks, PLLC 18495 S. Dixie Highway Ste 134 Miami, FL 33157 305-372-9400 deborahmarkslaw@gmail.com<mailto:deborahmarkslaw@gmail.com> deborah@deborahmarks.law<mailto:deborah@deborahmarks.law> synergy928@aol.com<mailto:synergy928@aol.com>
RR
RPPTL Real Estate Leasing Committee
Mon, Sep 27, 2021 1:01 PM

I agree with others that adding mandatory mediation will serve no purpose to current issues.

Phyllis Harley,  Esquire
Harley Law Offices, P.A.
4949 Magnolia Ridge Road
Fruitland Park, FL  34731
321.766.6024
pharley@harleylawoffices.com


From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org
Sent: Sunday, September 26, 2021 1:35:50 PM
To: landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org
Cc: Christopher A. Sajdera cas@saj-law.com; Michael J. Gelfand mjgelfand@gelfandarpe.com
Subject: [RPPTL Leasing Committee] comments by 9am tomorrow

Please review and comment on the attached, along with practical issues.  Please respond by 9am tomorrow.

Christopher A. Sajdera, Esquire

Board Certified Specialist, Condominium and Planned Development Law

Sajdera, PA

Palm Beach Office:

200 East Palmetto Park Road, Suite 103

Boca Raton, Florida 33432

Direct: 561-910-3082

Phone: 561-948-4000

Facsimile: 561-948-6052

Broward Office:

2005 W. Cypress Creek Rd., Suite 203

Ft. Lauderdale, FL 33309

Phone: 954-869-0980

Facsimile: 954-869-0981

Email: cas@saj-law.com

This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.

I agree with others that adding mandatory mediation will serve no purpose to current issues. Phyllis Harley, Esquire Harley Law Offices, P.A. 4949 Magnolia Ridge Road Fruitland Park, FL 34731 321.766.6024 pharley@harleylawoffices.com ________________________________ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> Sent: Sunday, September 26, 2021 1:35:50 PM To: landten@lists.flabarrpptl.org <landten@lists.flabarrpptl.org> Cc: Christopher A. Sajdera <cas@saj-law.com>; Michael J. Gelfand <mjgelfand@gelfandarpe.com> Subject: [RPPTL Leasing Committee] comments by 9am tomorrow Please review and comment on the attached, along with practical issues. Please respond by 9am tomorrow. Christopher A. Sajdera, Esquire Board Certified Specialist, Condominium and Planned Development Law Sajdera, PA Palm Beach Office: 200 East Palmetto Park Road, Suite 103 Boca Raton, Florida 33432 Direct: 561-910-3082 Phone: 561-948-4000 Facsimile: 561-948-6052 Broward Office: 2005 W. Cypress Creek Rd., Suite 203 Ft. Lauderdale, FL 33309 Phone: 954-869-0980 Facsimile: 954-869-0981 Email: cas@saj-law.com This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.