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[RPPTL LandTen] Soldiers and Sailors Civil Relief Act

LO
Law Offices of Scott A. Frank P.A
Thu, Jan 15, 2015 2:43 PM

All:

I have a question regarding Part III of Chapter 83 (self-storage), and am looking for some guidance, if possible.

Scenario:  2 years ago, a new tenant rented a storage unit.  He had a military ID card, so he was noted in his file as military.  He has now gone unpaid for over a year.  Letters sent to his prior address come back with no forwarding address.  No phone number.  Client has neither social security # or birth date, so we cannot verify active service.  Does anyone have a suggestion as to how long client needs to wait?  Of course, client always risks violating the Act, but there must be some period after which the violation is less of a risk.  Problem is that this is very different from an apartment rental scenario – absence tells you nothing as to intent, as it is not unusual at all to leave stuff in storage and not go back for months or even years.

Thoughts?

Thanks in advance.

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.

All: I have a question regarding Part III of Chapter 83 (self-storage), and am looking for some guidance, if possible. Scenario: 2 years ago, a new tenant rented a storage unit. He had a military ID card, so he was noted in his file as military. He has now gone unpaid for over a year. Letters sent to his prior address come back with no forwarding address. No phone number. Client has neither social security # or birth date, so we cannot verify active service. Does anyone have a suggestion as to how long client needs to wait? Of course, client always risks violating the Act, but there must be some period after which the violation is less of a risk. Problem is that this is very different from an apartment rental scenario – absence tells you nothing as to intent, as it is not unusual at all to leave stuff in storage and not go back for months or even years. Thoughts? Thanks in advance. 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.
SJ
Sebastian Jaramillo
Thu, Jan 15, 2015 3:05 PM

I've had some success in getting dates of birth by pulling the
arrest/driving records of tenants.

Sebastian Jaramillo, Esq.

66 W. Flagler St Suite 500 Miami, FL 33130
Tel:  (305) 373-2800 Fax: (305) 373-0505
www.lawjb.com

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
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prohibited.
IMPORTANT TAX NOTICE: This communication is not written to be used, and
cannot be used, by a taxpayer for the purpose of avoiding penalties that
may be asserted against the taxpayer under the Internal Revenue Code of
1986, as amended.

On Thu, Jan 15, 2015 at 9:43 AM, Law Offices of Scott A. Frank P.A <
sfrank@saflaw.com> wrote:

All:

I have a question regarding Part III of Chapter 83 (self-storage), and am
looking for some guidance, if possible.

Scenario:  2 years ago, a new tenant rented a storage unit.  He had a
military ID card, so he was noted in his file as military.  He has now gone
unpaid for over a year.  Letters sent to his prior address come back with
no forwarding address.  No phone number.  Client has neither social
security # or birth date, so we cannot verify active service.  Does anyone
have a suggestion as to how long client needs to wait?  Of course, client
always risks violating the Act, but there must be some period after which
the violation is less of a risk.  Problem is that this is very different
from an apartment rental scenario – absence tells you nothing as to intent,
as it is not unusual at all to leave stuff in storage and not go back for
months or even years.

Thoughts?

Thanks in advance.

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

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.


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I've had some success in getting dates of birth by pulling the arrest/driving records of tenants. *Sebastian Jaramillo, Esq.* 66 W. Flagler St Suite 500 Miami, FL 33130 Tel: (305) 373-2800 Fax: (305) 373-0505 www.lawjb.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended. On Thu, Jan 15, 2015 at 9:43 AM, Law Offices of Scott A. Frank P.A < sfrank@saflaw.com> wrote: > All: > > > > I have a question regarding Part III of Chapter 83 (self-storage), and am > looking for some guidance, if possible. > > > > Scenario: 2 years ago, a new tenant rented a storage unit. He had a > military ID card, so he was noted in his file as military. He has now gone > unpaid for over a year. Letters sent to his prior address come back with > no forwarding address. No phone number. Client has neither social > security # or birth date, so we cannot verify active service. Does anyone > have a suggestion as to how long client needs to wait? Of course, client > always risks violating the Act, but there must be some period after which > the violation is less of a risk. Problem is that this is very different > from an apartment rental scenario – absence tells you nothing as to intent, > as it is not unusual at all to leave stuff in storage and not go back for > months or even years. > > > > Thoughts? > > > > Thanks in advance. > > > > *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 > > 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.* > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >