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Leonard Cabral

Wed, Mar 7, 2012 7:50 AM

Doesn't the abandoned property statute FS 715.10 require an investigation is some cases?

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Saturday, February 25, 2012 19:36
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Q regarding abandonment

I advise my clients to evict if there is substantial personal property left in the unit just to be safe and have a 20 day or so buffer. We don’t need to have an unnecessary dispute with the tenant as to whether they were actually "gone" for the full 15 days.

I deal in thousands of cases each year and see many many situations where people just leave and never come back. It appears just as if an alien did indeed abduct them. The units are left full of personal property and the TV is on.

They may be dead, in the hospital, in jail, running from the law or a partner and they just up and leave. In one of my cases, the tenant was dead and stuffed in the refrigerator for 2 weeks. Usually, they just have taken off, never to be seen again.

I have had some interesting cases where the tenant had pre-paid their rent, gone on vacation and the property manager failed to post their payment properly or the payment was sitting under the desk where it landed after being put in the drop slot, resulting in evictions, writ executions and, in one case, a settlement for over 75K. I just settled one in the past year for over 10K where the tenant was "not completely out" and maintenance threw away the rest of the stuff.

We just had an interesting one the other day. A writ was executed, locks were changed. Upon further investigation, the tenant was found in the bathtub behind the shower curtain unconscious and bleeding from a suicide attempt. It is advisable to really "clear" a unit when executing a writ.

Lastly, it is not the landlord's job to hire a private investigator to find out where the tenant is, hence the law.

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: www.evict.com http://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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Saturday, February 25, 2012 6:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Q regarding abandonment

Group:

Can the rental dwelling also be presumed abandoned if ALL the tenant's worldly belonging are in the rental dwelling? (clothes in the closet, medication in the medicine chest). Wouldn't the presumption be overcome by finding all the tenant's possession? I would like to know what a judge would rule if the tenant was in the hospital unable to inform the landlord of his illness?

Would it be an injustice if the tenant was discharged from the hospital to find ALL his worldly possessions were gone and he was homeless?

And died from a heart attack on the spot after realizing ALL his possessions were gone and he was homeless? I would love to litigate a case like this before a jury.

Should the judge or jury just presume the tenant died? Presume the tenant was abducted by aliens? Or should a judge find the landlord acted in bad faith?

I take the position that if the landlord opens the door and ALL the tenant's worldly possessions are present in the dwelling the presumption of abandonment is overcome and that the tenant did not abandon the rental dwelling.

Leonard Cabral

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Friday, February 24, 2012 16:31
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Q regarding abandonment

Here is a Broward County Court decision that supports the position that the fifteen day period starts when the tenant is in default.

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel: (407) 392-1872
Fax: (407) 392-1873
dennis@chenlaw.net

Bankruptcy * Civil Litigation * Collection Defense * Landlord/Tenant * Real Estate Litigation

CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Fri, Feb 24, 2012 at 11:55 AM, Greg Hass GregH@floridarealtors.org wrote:

Happy Friday everyone.

I have a quick hypothetical to pose – please assume the facts are as follows:

-Tenants have paid their February rent in full on the due date of February 1st.

-Tenants leave for a 3 week cruise on Valentine’s Day – they don’t inform the LL of their plans.

-On March 1st, Tenants are still on their cruise and the March rent (due on March 1st) goes unpaid.

-On March 6th, Tenants get back from their 3 week cruise and find that the locks have been changed.

-When Tenants confront the LL he says he recovered possession of the dwelling unit on March 5th because he presumed the Tenants had abandoned.

LL argues he was within his rights to presume abandonment pursuant to 83.59 (3)(c) (see below) because on March 5th, the day he retook possession, no one had seen hide nor hair of the Tenants for over half a month. In addition, when he arrived at his presumption of abandonment, he checked to see if the rent was current and in fact it was not current since no rent was paid on March 1st. LL also checked and could find no notice of any intended absence from the Tenants. Thus, LL argues he met the test for presumption of abandonment.

Tenants on the other hand argue that the clock for presumed abandonment should not have started ticking until the rent was not current. They argue that they were only really absent for 5 days for purposes of the presumption of abandonment test (March 1st to March 5th) since their rent was current from February 14th through February 29th.

Who wins this fight?

Thanks,

Greg

83.59 Right of action for possession.—

(3) The landlord shall not recover possession of a dwelling unit except:

(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421 tel:407.438.1400%2C%20ext.%202421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

cid:image001.jpg@01C8B0EE.0B556530

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

Doesn't the abandoned property statute FS 715.10 require an investigation is some cases? From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Saturday, February 25, 2012 19:36 To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Q regarding abandonment I advise my clients to evict if there is substantial personal property left in the unit just to be safe and have a 20 day or so buffer. We don’t need to have an unnecessary dispute with the tenant as to whether they were actually "gone" for the full 15 days. I deal in thousands of cases each year and see many many situations where people just leave and never come back. It appears just as if an alien did indeed abduct them. The units are left full of personal property and the TV is on. They may be dead, in the hospital, in jail, running from the law or a partner and they just up and leave. In one of my cases, the tenant was dead and stuffed in the refrigerator for 2 weeks. Usually, they just have taken off, never to be seen again. I have had some interesting cases where the tenant had pre-paid their rent, gone on vacation and the property manager failed to post their payment properly or the payment was sitting under the desk where it landed after being put in the drop slot, resulting in evictions, writ executions and, in one case, a settlement for over 75K. I just settled one in the past year for over 10K where the tenant was "not completely out" and maintenance threw away the rest of the stuff. We just had an interesting one the other day. A writ was executed, locks were changed. Upon further investigation, the tenant was found in the bathtub behind the shower curtain unconscious and bleeding from a suicide attempt. It is advisable to really "clear" a unit when executing a writ. Lastly, it is not the landlord's job to hire a private investigator to find out where the tenant is, hence the law. 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: www.evict.com <http://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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Saturday, February 25, 2012 6:32 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Q regarding abandonment Group: Can the rental dwelling also be presumed abandoned if ALL the tenant's worldly belonging are in the rental dwelling? (clothes in the closet, medication in the medicine chest). Wouldn't the presumption be overcome by finding all the tenant's possession? I would like to know what a judge would rule if the tenant was in the hospital unable to inform the landlord of his illness? Would it be an injustice if the tenant was discharged from the hospital to find ALL his worldly possessions were gone and he was homeless? And died from a heart attack on the spot after realizing ALL his possessions were gone and he was homeless? I would love to litigate a case like this before a jury. Should the judge or jury just presume the tenant died? Presume the tenant was abducted by aliens? Or should a judge find the landlord acted in bad faith? I take the position that if the landlord opens the door and ALL the tenant's worldly possessions are present in the dwelling the presumption of abandonment is overcome and that the tenant did not abandon the rental dwelling. Leonard Cabral From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen Sent: Friday, February 24, 2012 16:31 To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Q regarding abandonment Here is a Broward County Court decision that supports the position that the fifteen day period starts when the tenant is in default. Dennis A. Chen, Esq. Chen Law Firm, PA 5401 S. Kirkman Rd., Ste. 310 Orlando, Florida 32819 Tel: (407) 392-1872 Fax: (407) 392-1873 dennis@chenlaw.net Bankruptcy * Civil Litigation * Collection Defense * Landlord/Tenant * Real Estate Litigation CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message. On Fri, Feb 24, 2012 at 11:55 AM, Greg Hass <GregH@floridarealtors.org> wrote: Happy Friday everyone. I have a quick hypothetical to pose – please assume the facts are as follows: -Tenants have paid their February rent in full on the due date of February 1st. -Tenants leave for a 3 week cruise on Valentine’s Day – they don’t inform the LL of their plans. -On March 1st, Tenants are still on their cruise and the March rent (due on March 1st) goes unpaid. -On March 6th, Tenants get back from their 3 week cruise and find that the locks have been changed. -When Tenants confront the LL he says he recovered possession of the dwelling unit on March 5th because he presumed the Tenants had abandoned. LL argues he was within his rights to presume abandonment pursuant to 83.59 (3)(c) (see below) because on March 5th, the day he retook possession, no one had seen hide nor hair of the Tenants for over half a month. In addition, when he arrived at his presumption of abandonment, he checked to see if the rent was current and in fact it was not current since no rent was paid on March 1st. LL also checked and could find no notice of any intended absence from the Tenants. Thus, LL argues he met the test for presumption of abandonment. Tenants on the other hand argue that the clock for presumed abandonment should not have started ticking until the rent was not current. They argue that they were only really absent for 5 days for purposes of the presumption of abandonment test (March 1st to March 5th) since their rent was current from February 14th through February 29th. Who wins this fight? Thanks, Greg 83.59 Right of action for possession.— *** (3) The landlord shall not recover possession of a dwelling unit except: *** (c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or *** Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 <tel:407.438.1400%2C%20ext.%202421> visit: http://www.floridarealtors.org The Voice for Real Estate® in Florida cid:image001.jpg@01C8B0EE.0B556530 _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

GH

Greg Hass

Thu, Mar 15, 2012 2:27 PM

Greetings,

Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo

When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them?

Thanks,
Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

[cid:image001.jpg@01C8B0EE.0B556530]

Greetings, Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them? Thanks, Greg Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate® in Florida [cid:image001.jpg@01C8B0EE.0B556530]

HH

Harry Heist

Thu, Mar 15, 2012 2:35 PM

Immediate inspection by a pro you can TRUST. Tell them NOT to speak with the tenant.
Remediation if necessary.
Use of a tough kick butt Mold Addendum like mine so you can kick out people who are playing the "mold game".

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: www.evict.com http://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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, March 15, 2012 10:27 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] mold

Greetings,

Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo

When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them?

Thanks,

Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

cid:image001.jpg@01C8B0EE.0B556530

1. Immediate inspection by a pro you can TRUST. Tell them NOT to speak with the tenant. 2. Remediation if necessary. 3. Use of a tough kick butt Mold Addendum like mine so you can kick out people who are playing the "mold game". 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: www.evict.com <http://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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass Sent: Thursday, March 15, 2012 10:27 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] mold Greetings, Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them? Thanks, Greg Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate® in Florida cid:image001.jpg@01C8B0EE.0B556530

CS

Cary Sabol

Thu, Mar 15, 2012 2:36 PM

Greg,

To my knowledge there are no specific regulations or statutes governing mold issues in a landlord/tenant situation. I belive any alleged injuries from mold would therefore, fall under tort law. However, this is South Florida and it is damp and humid and there are many types of mold and mildew. Not all of them are toxic or cause health problems. I would suggest the LL have testing done to show whether or not it is toxic mold and if necessary take steps to remediate it.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

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: Greg Hass GregH@floridarealtors.org
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Thursday, March 15, 2012 10:27 AM
Subject: [RPPTL LandTen] mold

Greetings,

Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo

When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them?

Thanks,
Greg

Greg Hass, Senior Counsel

Office of Law & Policy |FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk:407.438.1400, ext. 2421
visit:http://www.floridarealtors.org

The Voice for Real Estate® in Florida

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

Greg, To my knowledge there are no specific regulations or statutes governing mold issues in a landlord/tenant situation. I belive any alleged injuries from mold would therefore, fall under tort law. However, this is South Florida and it is damp and humid and there are many types of mold and mildew. Not all of them are toxic or cause health problems. I would suggest the LL have testing done to show whether or not it is toxic mold and if necessary take steps to remediate it. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 ________________________________ 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: Greg Hass <GregH@floridarealtors.org> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Thursday, March 15, 2012 10:27 AM Subject: [RPPTL LandTen] mold Greetings, Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them? Thanks, Greg Greg Hass, Senior Counsel Office of Law & Policy |FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk:407.438.1400, ext. 2421 visit:http://www.floridarealtors.org The Voice for Real Estate® in Florida _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

GH

Greg Hass

Thu, Mar 15, 2012 2:57 PM

Thanks Harry and Cary (ode to Cubs fans) for your responses.

Now THAT is most definitely a kick-butt mold addendum - I especially liked the parts that require the tenants to air-dry their dishes, keep their shower curtain in the tub when showering, and to immediately report plant watering overflows in writing! I can see you’re an experienced “mold game” player – thanks for the help.

Greg

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, March 15, 2012 10:36 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] mold

Immediate inspection by a pro you can TRUST. Tell them NOT to speak with the tenant.
Remediation if necessary.
Use of a tough kick butt Mold Addendum like mine so you can kick out people who are playing the "mold game".

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: 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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, March 15, 2012 10:27 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] mold

Greetings,

Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo

When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them?

Thanks,
Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

[cid:image001.jpg@01C8B0EE.0B556530]

Thanks Harry and Cary (ode to Cubs fans) for your responses. Now THAT is most definitely a kick-butt mold addendum - I especially liked the parts that require the tenants to air-dry their dishes, keep their shower curtain in the tub when showering, and to immediately report plant watering overflows in writing! I can see you’re an experienced “mold game” player – thanks for the help. Greg From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, March 15, 2012 10:36 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] mold 1. Immediate inspection by a pro you can TRUST. Tell them NOT to speak with the tenant. 2. Remediation if necessary. 3. Use of a tough kick butt Mold Addendum like mine so you can kick out people who are playing the "mold game". 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: 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass Sent: Thursday, March 15, 2012 10:27 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] mold Greetings, Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them? Thanks, Greg Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate® in Florida [cid:image001.jpg@01C8B0EE.0B556530]

NB

Neil B. Shoter

Thu, Mar 15, 2012 3:57 PM

Agreed, I concur that to my knowledge there are no specific mold levels that are regulated. New York has a good set of guidelines for testing and remediation that has been used as a “standard” as far as testing.

http://www.nyc.gov/html/doh/html/epi/moldrpt1.shtml

Neil

[cid:image002.jpg@01CD02A2.C14E15D0]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, March 15, 2012 10:58 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] mold

Thanks Harry and Cary (ode to Cubs fans) for your responses.

Now THAT is most definitely a kick-butt mold addendum - I especially liked the parts that require the tenants to air-dry their dishes, keep their shower curtain in the tub when showering, and to immediately report plant watering overflows in writing! I can see you’re an experienced “mold game” player – thanks for the help.

Greg

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, March 15, 2012 10:36 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] mold

Immediate inspection by a pro you can TRUST. Tell them NOT to speak with the tenant.
Remediation if necessary.
Use of a tough kick butt Mold Addendum like mine so you can kick out people who are playing the "mold game".

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: 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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, March 15, 2012 10:27 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] mold

Greetings,

Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo

When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them?

Thanks,
Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

[cid:image003.jpg@01CD02A2.C14E15D0]

</pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

Agreed, I concur that to my knowledge there are no specific mold levels that are regulated. New York has a good set of guidelines for testing and remediation that has been used as a “standard” as far as testing. http://www.nyc.gov/html/doh/html/epi/moldrpt1.shtml Neil [cid:image002.jpg@01CD02A2.C14E15D0] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass Sent: Thursday, March 15, 2012 10:58 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] mold Thanks Harry and Cary (ode to Cubs fans) for your responses. Now THAT is most definitely a kick-butt mold addendum - I especially liked the parts that require the tenants to air-dry their dishes, keep their shower curtain in the tub when showering, and to immediately report plant watering overflows in writing! I can see you’re an experienced “mold game” player – thanks for the help. Greg From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, March 15, 2012 10:36 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] mold 1. Immediate inspection by a pro you can TRUST. Tell them NOT to speak with the tenant. 2. Remediation if necessary. 3. Use of a tough kick butt Mold Addendum like mine so you can kick out people who are playing the "mold game". 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: 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass Sent: Thursday, March 15, 2012 10:27 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] mold Greetings, Is anyone aware of any specific building/housing/health code that makes it a violation to have mold in a dwelling? I’ve yet to find anything other than just mere guidance on how to eliminate mold such as the DOH site here: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm#WhatCantheCountyHealthDepartmentsDo When a T complains that they are allegedly suffering from a breathing disorder allegedly caused by alleged mold, what’s the best strategy for LL to take in response where LL believes T is just trying to scam them? Thanks, Greg Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate® in Florida [cid:image003.jpg@01CD02A2.C14E15D0] </pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

JM

Jeff Mazor

Tue, Mar 20, 2012 1:11 PM

I have a case involving the interpretation of a TIC (Tenants in Common) Agreement.

I could really use an expert real estate developer or attorney to help in the interpretation of some ambiguous terms in the Agreement.

Do you know of anyone?

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor@Mazor.com

I have a case involving the interpretation of a TIC (Tenants in Common) Agreement. I could really use an expert real estate developer or attorney to help in the interpretation of some ambiguous terms in the Agreement. Do you know of anyone? Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: JMazor@Mazor.com

GH

Greg Hass

Tue, Apr 3, 2012 3:06 PM

Does anyone have any experience with this set of facts:

-Landlord has a one year lease with Tenant
-Tenant has a 17 year old son listed on the lease when lease is signed.
-Six months into the lease, the son turns 18.
-Condo association says they must approve all adults.
-The son, after he turns 18, fills out application for approval and is denied.
-Condo association tells Landlord that they must get rid of the now 18 year old son because he lacks their approval.

How would Landlord go about this? I’m guessing an 83.56 (2)(b) notice could be given for having a (now) unauthorized person living there? Do you think a judge would grant eviction in this scenario if the mother tells the Landlord to get lost?

Thanks,
Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

[cid:image001.jpg@01C8B0EE.0B556530]

Does anyone have any experience with this set of facts: -Landlord has a one year lease with Tenant -Tenant has a 17 year old son listed on the lease when lease is signed. -Six months into the lease, the son turns 18. -Condo association says they must approve all adults. -The son, after he turns 18, fills out application for approval and is denied. -Condo association tells Landlord that they must get rid of the now 18 year old son because he lacks their approval. How would Landlord go about this? I’m guessing an 83.56 (2)(b) notice could be given for having a (now) unauthorized person living there? Do you think a judge would grant eviction in this scenario if the mother tells the Landlord to get lost? Thanks, Greg Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate® in Florida [cid:image001.jpg@01C8B0EE.0B556530]

EJ

Eric Jacobs, Esq.

Tue, Apr 3, 2012 3:25 PM

Interesting case. Personally, I lien slightly toward the association on this one but I think that a coherent argument could be made that the Association waived it for the term (assuming the minor was disclosed) since they would have known of his occupancy and the term of the tenancy. There is a perfectly coherent response to be expected from the Association but I think in the end, its largely a toss up. I would focus my emphasis on what possible basis the association could have for denying an 18 year old? Secondarily, I would look very closely at the precise wording of the condo documents because they are often misinterpreted by Associations.

Just sharing a thought let me know if I can help

Eric A. Jacobs

eric@bpjolaw.com mailto:eric@bpjolaw.com

Attorney at Law

Board Certified

AV Rated

BELOFF | PARKER | JACOBS | OFFIR

An AV Rated Law Firm

1930 Harrison Street, Suite 208, Hollywood, Florida 33020

(954) 929-0679 Telephone

(888) 632-4944 Facsimile

Check us out on:

Facebook: http://www.facebook.com/BPJOlaw

Linkedin: http://www.linkedin.com/company/beloff-parker-jacobs-&-offir

RSS Feed: http://www.bpjolaw.com/feed

Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably one of the first. For years law firms have included lengthy disclosures at the bottom of their emails which are in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.

Our firm and family support the wonderful work of

Mount Sinai Medical Center

David Posnack Jewish Day School

As us how you can help support these fine institutions

From: landten-bounces@lists.flabarrpptl.org [landten-bounces@lists.flabarrpptl.org] on behalf of Greg Hass [GregH@floridarealtors.org]
Sent: Tuesday, April 03, 2012 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] condo approval Q

Does anyone have any experience with this set of facts:

-Landlord has a one year lease with Tenant
-Tenant has a 17 year old son listed on the lease when lease is signed.
-Six months into the lease, the son turns 18.
-Condo association says they must approve all adults.
-The son, after he turns 18, fills out application for approval and is denied.
-Condo association tells Landlord that they must get rid of the now 18 year old son because he lacks their approval.

How would Landlord go about this? I’m guessing an 83.56 (2)(b) notice could be given for having a (now) unauthorized person living there? Do you think a judge would grant eviction in this scenario if the mother tells the Landlord to get lost?

Thanks,
Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

[cid:image001.jpg@01C8B0EE.0B556530]

Interesting case. Personally, I lien slightly toward the association on this one but I think that a coherent argument could be made that the Association waived it for the term (assuming the minor was disclosed) since they would have known of his occupancy and the term of the tenancy. There is a perfectly coherent response to be expected from the Association but I think in the end, its largely a toss up. I would focus my emphasis on what possible basis the association could have for denying an 18 year old? Secondarily, I would look very closely at the precise wording of the condo documents because they are often misinterpreted by Associations. Just sharing a thought let me know if I can help ________________________________ Eric A. Jacobs eric@bpjolaw.com<mailto:eric@bpjolaw.com> Attorney at Law Board Certified AV Rated BELOFF | PARKER | JACOBS | OFFIR An AV Rated Law Firm 1930 Harrison Street, Suite 208, Hollywood, Florida 33020 (954) 929-0679 Telephone (888) 632-4944 Facsimile Check us out on: Facebook: http://www.facebook.com/BPJOlaw Linkedin: http://www.linkedin.com/company/beloff-parker-jacobs-&-offir RSS Feed: http://www.bpjolaw.com/feed Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably one of the first. For years law firms have included lengthy disclosures at the bottom of their emails which are in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed. Our firm and family support the wonderful work of Mount Sinai Medical Center David Posnack Jewish Day School As us how you can help support these fine institutions ________________________________ From: landten-bounces@lists.flabarrpptl.org [landten-bounces@lists.flabarrpptl.org] on behalf of Greg Hass [GregH@floridarealtors.org] Sent: Tuesday, April 03, 2012 11:06 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] condo approval Q Does anyone have any experience with this set of facts: -Landlord has a one year lease with Tenant -Tenant has a 17 year old son listed on the lease when lease is signed. -Six months into the lease, the son turns 18. -Condo association says they must approve all adults. -The son, after he turns 18, fills out application for approval and is denied. -Condo association tells Landlord that they must get rid of the now 18 year old son because he lacks their approval. How would Landlord go about this? I’m guessing an 83.56 (2)(b) notice could be given for having a (now) unauthorized person living there? Do you think a judge would grant eviction in this scenario if the mother tells the Landlord to get lost? Thanks, Greg Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate® in Florida [cid:image001.jpg@01C8B0EE.0B556530]

LS

Lainie Simon

Tue, Apr 3, 2012 3:40 PM

Unless the kid did something that violates the rules, I don't think
there is a judge in Florida that would permit an eviction under this
scenario.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On 4/3/12 11:25 AM, Eric Jacobs, Esq. wrote:

Interesting case. Personally, I lien slightly toward the association
on this one but I think that a coherent argument could be made that
the Association waived it for the term (assuming the minor was
disclosed) since they would have known of his occupancy and the term
of the tenancy. There is a perfectly coherent response to be expected
from the Association but I think in the end, its largely a toss up. I
would focus my emphasis on what possible basis the association could
have for denying an 18 year old? Secondarily, I would look very
closely at the precise wording of the condo documents because they are
often misinterpreted by Associations.

Just sharing a thought let me know if I can help

Eric A. Jacobs

eric@bpjolaw.com mailto:eric@bpjolaw.com

Attorney at Law

Board Certified

AV Rated

BELOFF | PARKER | JACOBS | OFFIR

An AV Rated Law Firm

1930 Harrison Street, Suite 208, Hollywood, Florida 33020

(954) 929-0679 Telephone

(888) 632-4944 Facsimile

Check us out on:

Facebook: http://www.facebook.com/BPJOlaw

Linkedin: http://www.linkedin.com/company/beloff-parker-jacobs-&-offir
http://www.linkedin.com/company/beloff-parker-jacobs-&-offir

RSS Feed: http://www.bpjolaw.com/feed

Confidentiality and Relationship Disclosure. If you are reading this,
congratulations, you are probably one of the first. For years law
firms have included lengthy disclosures at the bottom of their emails
which are in our view are of, at best, marginal legal value. We have
decided not to do that. Instead, we will ask that if you got this
email and shouldn't have, let us know and please don't read it (though
if you've read this, chances are that ship has sailed). Also, just
because we exchange emails doesn't make us your lawyer(s). If you
would like to create an attorney/client relationship, we're glad to
hear it and would be happy to provide you with an engagement letter.
As soon as you have received written confirmation from us, you can
consider our relationship formed.

Our firm and family support the wonderful work of

Mount Sinai Medical Center

David Posnack Jewish Day School

As us how you can help support these fine institutions

From: landten-bounces@lists.flabarrpptl.org
[landten-bounces@lists.flabarrpptl.org] on behalf of Greg Hass
[GregH@floridarealtors.org]
Sent: Tuesday, April 03, 2012 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] condo approval Q

Does anyone have any experience with this set of facts:

-Landlord has a one year lease with Tenant

-Tenant has a 17 year old son listed on the lease when lease is signed.

-Six months into the lease, the son turns 18.

-Condo association says they must approve all adults.

-The son, after he turns 18, fills out application for approval and is
denied.

-Condo association tells Landlord that they must get rid of the now 18
year old son because he lacks their approval.

How would Landlord go about this? I'm guessing an 83.56 (2)(b) notice
could be given for having a (now) unauthorized person living there?
Do you think a judge would grant eviction in this scenario if the
mother tells the Landlord to get lost?

Thanks,

Greg

Greg Hass, Senior Counsel

Office of Law & Policy |*FloridaRealtors®
*7025 Augusta National Drive, Orlando, FL 32822
*talk:*407.438.1400, ext. 2421
visit:http://www.floridarealtors.org

__

The Voice for Real Estate® in Florida__

_
_cid:image001.jpg@01C8B0EE.0B556530

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

Unless the kid did something that violates the rules, I don't think there is a judge in Florida that would permit an eviction under this scenario. Lainie J. Simon, Esq. 185 NW Spanish River Boulevard Suite 220 Boca Raton, FL 33431 561.997.1773 561.445.1361 (cell) 561.997.8448 (fax) PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use. Ê On 4/3/12 11:25 AM, Eric Jacobs, Esq. wrote: > > Interesting case. Personally, I lien slightly toward the association > on this one but I think that a coherent argument could be made that > the Association waived it for the term (assuming the minor was > disclosed) since they would have known of his occupancy and the term > of the tenancy. There is a perfectly coherent response to be expected > from the Association but I think in the end, its largely a toss up. I > would focus my emphasis on what possible basis the association could > have for denying an 18 year old? Secondarily, I would look very > closely at the precise wording of the condo documents because they are > often misinterpreted by Associations. > > Just sharing a thought let me know if I can help > > ------------------------------------------------------------------------ > > Eric A. Jacobs > > eric@bpjolaw.com <mailto:eric@bpjolaw.com> > > Attorney at Law > > Board Certified > > AV Rated > > BELOFF | PARKER | JACOBS | OFFIR > > An AV Rated Law Firm > > 1930 Harrison Street, Suite 208, Hollywood, Florida 33020 > > (954) 929-0679 Telephone > > (888) 632-4944 Facsimile > > Check us out on: > > Facebook: http://www.facebook.com/BPJOlaw > > Linkedin: http://www.linkedin.com/company/beloff-parker-jacobs-&-offir > <http://www.linkedin.com/company/beloff-parker-jacobs-&-offir> > > RSS Feed: http://www.bpjolaw.com/feed > > Confidentiality and Relationship Disclosure. If you are reading this, > congratulations, you are probably one of the first. For years law > firms have included lengthy disclosures at the bottom of their emails > which are in our view are of, at best, marginal legal value. We have > decided not to do that. Instead, we will ask that if you got this > email and shouldn't have, let us know and please don't read it (though > if you've read this, chances are that ship has sailed). Also, just > because we exchange emails doesn't make us your lawyer(s). If you > would like to create an attorney/client relationship, we're glad to > hear it and would be happy to provide you with an engagement letter. > As soon as you have received written confirmation from us, you can > consider our relationship formed. > > Our firm and family support the wonderful work of > > Mount Sinai Medical Center > > David Posnack Jewish Day School > > As us how you can help support these fine institutions > > ------------------------------------------------------------------------ > *From:* landten-bounces@lists.flabarrpptl.org > [landten-bounces@lists.flabarrpptl.org] on behalf of Greg Hass > [GregH@floridarealtors.org] > *Sent:* Tuesday, April 03, 2012 11:06 AM > *To:* RPPTL Landlord Tenant Committee > *Subject:* [RPPTL LandTen] condo approval Q > > Does anyone have any experience with this set of facts: > > -Landlord has a one year lease with Tenant > > -Tenant has a 17 year old son listed on the lease when lease is signed. > > -Six months into the lease, the son turns 18. > > -Condo association says they must approve all adults. > > -The son, after he turns 18, fills out application for approval and is > denied. > > -Condo association tells Landlord that they must get rid of the now 18 > year old son because he lacks their approval. > > How would Landlord go about this? I'm guessing an 83.56 (2)(b) notice > could be given for having a (now) unauthorized person living there? > Do you think a judge would grant eviction in this scenario if the > mother tells the Landlord to get lost? > > Thanks, > > Greg > > *Greg Hass*, Senior Counsel > > Office of Law & Policy |***Florida**Realtors® > *7025 Augusta National Drive, Orlando, FL 32822 > *talk:*407.438.1400, ext. 2421 > *visit:*_http://www.floridarealtors.org_ > > __ > > The Voice for Real Estate® in Florida__ > > _ > _cid:image001.jpg@01C8B0EE.0B556530 > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

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[RPPTL LandTen] Eviction Question