[RPPTL LandTen] Nontransient Apartment License for Condos
Scratching my head on this one:
Client bought app. 100 condos in a 200 unit complex. Renting them out -
yearly leases.
Does the client need the nontransient apartment lease? My thoughts against
the requirement are as follows: (i) This is not one property with 100
rental units; it is legally 100 individual properties, each of which is
leased out separately; and (ii) if the DBPR license threshold is that 75% of
the property consists of rentals, then the client actually only rents out
50% of the property.
Your thoughts, as well as any statutory or regulatory backing for same, ae
greatly appreciated.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
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Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
Regular apartment lease.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 4:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Nontransient Apartment License for Condos
Scratching my head on this one:
Client bought app. 100 condos in a 200 unit complex. Renting them out -
yearly leases.
Does the client need the nontransient apartment lease? My thoughts against
the requirement are as follows: (i) This is not one property with 100
rental units; it is legally 100 individual properties, each of which is
leased out separately; and (ii) if the DBPR license threshold is that 75% of
the property consists of rentals, then the client actually only rents out
50% of the property.
Your thoughts, as well as any statutory or regulatory backing for same, ae
greatly appreciated.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
Oops - typo on my part. The question should read "license" not "lease", per
the subject line. The lease is the easy part. The current issue is whether
they need to apply for the nontransient apartment license from the DBPR.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, July 9, 2015 5:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Regular apartment lease.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 4:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Nontransient Apartment License for Condos
Scratching my head on this one:
Client bought app. 100 condos in a 200 unit complex. Renting them out -
yearly leases.
Does the client need the nontransient apartment lease? My thoughts against
the requirement are as follows: (i) This is not one property with 100
rental units; it is legally 100 individual properties, each of which is
leased out separately; and (ii) if the DBPR license threshold is that 75% of
the property consists of rentals, then the client actually only rents out
50% of the property.
Your thoughts, as well as any statutory or regulatory backing for same, ae
greatly appreciated.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
Scott, don't forget that certain City's also have a Landlord Registration
requirement (i.e. Coral Springs)
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
OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS
MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH
TRANSFERS).
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
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 6:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Oops - typo on my part. The question should read "license" not "lease", per
the subject line. The lease is the easy part. The current issue is whether
they need to apply for the nontransient apartment license from the DBPR.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, July 9, 2015 5:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Regular apartment lease.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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 Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 4:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Nontransient Apartment License for Condos
Scratching my head on this one:
Client bought app. 100 condos in a 200 unit complex. Renting them out -
yearly leases.
Does the client need the nontransient apartment lease? My thoughts against
the requirement are as follows: (i) This is not one property with 100
rental units; it is legally 100 individual properties, each of which is
leased out separately; and (ii) if the DBPR license threshold is that 75% of
the property consists of rentals, then the client actually only rents out
50% of the property.
Your thoughts, as well as any statutory or regulatory backing for same, ae
greatly appreciated.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
Just double-checking if anyone has any further insight on the DBPR license
requirement. My last resort will be to call the Division, but I am quite
sure what they will answer if I can't give them something statutory or
regulatory as to why the requirement won't apply.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Thursday, July 9, 2015 6:03 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Scott, don't forget that certain City's also have a Landlord Registration
requirement (i.e. Coral Springs)
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
OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS
MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH
TRANSFERS).
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
From: landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 6:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Oops - typo on my part. The question should read "license" not "lease", per
the subject line. The lease is the easy part. The current issue is whether
they need to apply for the nontransient apartment license from the DBPR.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, July 9, 2015 5:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Regular apartment lease.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 4:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Nontransient Apartment License for Condos
Scratching my head on this one:
Client bought app. 100 condos in a 200 unit complex. Renting them out -
yearly leases.
Does the client need the nontransient apartment lease? My thoughts against
the requirement are as follows: (i) This is not one property with 100
rental units; it is legally 100 individual properties, each of which is
leased out separately; and (ii) if the DBPR license threshold is that 75% of
the property consists of rentals, then the client actually only rents out
50% of the property.
Your thoughts, as well as any statutory or regulatory backing for same, ae
greatly appreciated.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
Please see this:
http://www.myfloridalicense.com/dbpr/hr/Servicesthatrequirealicense-Publiclo
dging.html
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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 Law Offices of
Scott A. Frank P.A
Sent: Friday, July 10, 2015 11:47 AM
To: lesstevens@earthlink.net; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Just double-checking if anyone has any further insight on the DBPR license
requirement. My last resort will be to call the Division, but I am quite
sure what they will answer if I can't give them something statutory or
regulatory as to why the requirement won't apply.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Thursday, July 9, 2015 6:03 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Scott, don't forget that certain City's also have a Landlord Registration
requirement (i.e. Coral Springs)
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
OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS
MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH
TRANSFERS).
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
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 6:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Oops - typo on my part. The question should read "license" not "lease", per
the subject line. The lease is the easy part. The current issue is whether
they need to apply for the nontransient apartment license from the DBPR.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, July 9, 2015 5:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Regular apartment lease.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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 Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 4:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Nontransient Apartment License for Condos
Scratching my head on this one:
Client bought app. 100 condos in a 200 unit complex. Renting them out -
yearly leases.
Does the client need the nontransient apartment lease? My thoughts against
the requirement are as follows: (i) This is not one property with 100
rental units; it is legally 100 individual properties, each of which is
leased out separately; and (ii) if the DBPR license threshold is that 75% of
the property consists of rentals, then the client actually only rents out
50% of the property.
Your thoughts, as well as any statutory or regulatory backing for same, ae
greatly appreciated.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
mailto:sfrank@saflaw.com sfrank@saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
Maybe I'm over simplifying this, but the statute defines nontransient
apartment as:
(d) Nontransient apartment.—A nontransient apartment is a building or
complex of buildings in which 75 percent or more of the units are available
for rent to nontransient tenants.
Your client does not have a "building" or "complex of buildings" so the
licensing requirement should not apply.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com
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On Fri, Jul 10, 2015 at 11:46 AM, Law Offices of Scott A. Frank P.A <
sfrank@saflaw.com> wrote:
Just double-checking if anyone has any further insight on the DBPR license
requirement. My last resort will be to call the Division, but I am quite
sure what they will answer if I can’t give them something statutory or
regulatory as to why the requirement won’t apply.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
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From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *lesstevens
Sent: Thursday, July 9, 2015 6:03 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Scott, don’t forget that certain City’s also have a Landlord Registration
requirement (i.e. Coral Springs)
Les H. Stevens, Esquire
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From: landten-bounces@lists.flabarrpptl.org [
mailto:landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 6:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Oops – typo on my part. The question should read “license” not “lease”,
per the subject line. The lease is the easy part. The current issue is
whether they need to apply for the nontransient apartment license from the
DBPR.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
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From: landten-bounces@lists.flabarrpptl.org [
mailto:landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Harry Heist
Sent: Thursday, July 9, 2015 5:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos
Regular apartment lease.
Harry
*LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
<1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
the Property Management Professional"Website: *www.evict.com
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- Email: *harry@evict.com harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org [
mailto:landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 4:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Nontransient Apartment License for Condos
Scratching my head on this one:
Client bought app. 100 condos in a 200 unit complex. Renting them out –
yearly leases.
Does the client need the nontransient apartment lease? My thoughts
against the requirement are as follows: (i) This is not one property with
100 rental units; it is legally 100 individual properties, each of which is
leased out separately; and (ii) if the DBPR license threshold is that 75%
of the property consists of rentals, then the client actually only rents
out 50% of the property.
Your thoughts, as well as any statutory or regulatory backing for same, ae
greatly appreciated.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
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