This one is a doozy. Anyone see it? Opinions? Harry Heist 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.

I had this exact discussion yesterday with our property owners/managers, and completely agree that these moratoriums are takings under the 5th amendment. The government doesn't allow landlords to engage in self help and requires a judicial court order for eviction. The government then prohibits both judicial evictions and self help. I think the eviction moratoriums are justified considering the pandemic, and the government has the right to issue them under police powers. But if the government is enlisting private property to further a public purpose, then the government needs to provide just compensation. Procedurally, I don't think the court can disregard the CDC order; I would think that a landlord has to sue the federal government for a takings compensation. As a landlord rep, I wouldn't be upset with this outcome. Separately, the CDC moratorium requires the tenant to make "substantial payments". I don't think this tenant qualifies for protection. For my Alabama property, that court is automatically setting every eviction case for a CDC evidentiary hearing. If the tenant doesn't show up to court and demonstrate that they qualify for CDC protections, then the eviction is granted. Unfortunately, the sheriff is not keen to serve writs of possession right now. *--* *James "Jimmy" Glover* General Counsel *Circle Property Management, Inc.office: 772-888-0865email: James@CircleRentals.com <James@circlerentals.com>address: P.O. Box 1026, Jensen Beach, FL 34958Licensed Attorney in Florida and Alabama* NOTE: This e-mail is intended solely for the use of Circle Property Management, Inc., Chuck's Rentals, Inc., and/or Southern Investors Management, Inc. (collectively, "CPM") and the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer, and do not copy or disclose it to anyone else. If you are not an agent or employee of CPM, do not construe anything in this e-mail as forming an attorney-client relationship, and do not disclose anything to Mr. Glover or CPM that you expect to hold in confidence. If you properly received this e-mail as an employee, agent, co-counsel, or retained expert of CPM, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. Mr. Glover is not licensed to practice law in Illinois or Indiana. To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. Also, to ensure compliance with the Fair Debt Collection Practices Act (15 USC Sec. 1692-1692p), we inform you that CPM may be deemed to be a debt collector attempting to collect a debt, and any information obtained may be used for that purpose. On Tue, Dec 15, 2020 at 10:07 AM RPPTL Real Estate Leasing Committee < landten@lists.flabarrpptl.org> wrote: > This one is a doozy. > > > > Anyone see it? > > > > Opinions? > > > > Harry Heist > > > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428FAX: 1 800 367 > 9038"Serving the Property Management Professional"Website: * > *www.evict.com* <http://www.evict.com/> > * Email: **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. > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

Yes it is. Assuming it is for real, the Court does a good job telling the simple story of the economic reality that the eviction ban is taking the landlords property and making them pay for housing for those adversely affected by the pandemic, unlike other purveyors of food, housing, shelter and health services. I do not here opine as to what can or should be done about it, the legal soundness of the Order or what its effect will be. Does anybody know of any other cases in Florida or the US holding similarly? Jay A. Taplin Florida Bar Board Certified Real Estate Law Taplin & Associates Suite 1510 1555 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401 (561) 684-8399 (ph) (561) 471-8055 (fax) jtaplin@taplinlaw.net<mailto:jtaplin@taplinlaw.net> This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Tuesday, December 15, 2020 9:59 AM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: [RPPTL Leasing Committee] Very interesting eviction case This one is a doozy. Anyone see it? Opinions? Harry Heist 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<mailto:harry@evict.com> [cid:image002.png@01D6D2C8.DB53C240]<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.