Empathy List Archives

CS

Cary Sabol

Tue, Apr 3, 2012 3:45 PM

I would agree that an eviction under these circumstances would be very unlikely. I would also make an argument that if the kid hasn't graduated high school yet, he is still a dependent of the parents and therefore, the effort to force him out is a violation of familial rights (forget the technical term).

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: Lainie Simon ljsimon1@comcast.net
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, April 3, 2012 11:40 AM
Subject: Re: [RPPTL LandTen] condo approval Q

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 o
f 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
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

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

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

I would agree that an eviction under these circumstances would be very unlikely. I would also make an argument that if the kid hasn't graduated high school yet, he is still a dependent of the parents and therefore, the effort to force him out is a violation of familial rights (forget the technical term). 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: Lainie Simon <ljsimon1@comcast.net> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, April 3, 2012 11:40 AM Subject: Re: [RPPTL LandTen] condo approval Q 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 o f 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 >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 > > > > > >_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

MG

Michael Grant

Tue, Apr 3, 2012 3:53 PM

If the association knew about the minor when the parents entered into the lease, then I believe that they are estopped from treating him as a non-approved “adult” under the rules during the lease term. I agree with Lainie, especially in Palm Beach County Court.

Michael

Michael L. Grant, Esq.

RICHARD B. WARREN, P.A.

1555 Palm Beach Lakes Boulevard, Suite 1006

West Palm Beach, FL 33401

Telephone: (561) 681-9494 | Facsimile: (561) 681-9436

WWW.RBWARRENLAW.COM

The information contained in this e-mail transmission is privileged and confidential. If you are not the intended recipient or an 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 e-mail in error, please notify the sender immediately by reply e-mail. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, April 03, 2012 11:45 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] condo approval Q

I would agree that an eviction under these circumstances would be very unlikely. I would also make an argument that if the kid hasn't graduated high school yet, he is still a dependent of the parents and therefore, the effort to force him out is a violation of familial rights (forget the technical term).

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: Lainie Simon ljsimon1@comcast.net
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, April 3, 2012 11:40 AM
Subject: Re: [RPPTL LandTen] condo approval Q

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 o
f 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

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

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

If the association knew about the minor when the parents entered into the lease, then I believe that they are estopped from treating him as a non-approved “adult” under the rules during the lease term. I agree with Lainie, especially in Palm Beach County Court. Michael Michael L. Grant, Esq. RICHARD B. WARREN, P.A. 1555 Palm Beach Lakes Boulevard, Suite 1006 West Palm Beach, FL 33401 Telephone: (561) 681-9494 | Facsimile: (561) 681-9436 WWW.RBWARRENLAW.COM The information contained in this e-mail transmission is privileged and confidential. If you are not the intended recipient or an 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 e-mail in error, please notify the sender immediately by reply e-mail. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Tuesday, April 03, 2012 11:45 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] condo approval Q I would agree that an eviction under these circumstances would be very unlikely. I would also make an argument that if the kid hasn't graduated high school yet, he is still a dependent of the parents and therefore, the effort to force him out is a violation of familial rights (forget the technical term). 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: Lainie Simon <ljsimon1@comcast.net> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, April 3, 2012 11:40 AM Subject: Re: [RPPTL LandTen] condo approval Q 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 o f 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 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 _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

TM

Tequisha Myles

Tue, Apr 3, 2012 4:04 PM

I think that the Landlord (and the Association) would be in violation of the Fair Housing Act (state and federal)—protected class: Familial status. Some counties in Florida also include age as a protected status.

Tequisha Y. Myles, Esq.
Fair Housing and Elder Law Projects
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
(561) 655-8944 Ext. 296
(561) 655-5269 Fax
tmyles@legalaidpbc.org BLOCKED::BLOCKED::mailto:tmyles@legalaidpbc.org

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, April 03, 2012 11:45 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] condo approval Q

I would agree that an eviction under these circumstances would be very unlikely. I would also make an argument that if the kid hasn't graduated high school yet, he is still a dependent of the parents and therefore, the effort to force him out is a violation of familial rights (forget the technical term).
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: Lainie Simon ljsimon1@comcast.net
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, April 3, 2012 11:40 AM
Subject: Re: [RPPTL LandTen] condo approval Q

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 o

f 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
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 mailto:landten-bounces@lists.flabarrpptl.org [landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] on behalf of Greg Hass [GregH@floridarealtors.org mailto: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@01CD1191.E3C98F60]

landten mailing list

landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org

http://mailman.fsr.com/mailman/listinfo/landten

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I think that the Landlord (and the Association) would be in violation of the Fair Housing Act (state and federal)—protected class: Familial status. Some counties in Florida also include age as a protected status. Tequisha Y. Myles, Esq. Fair Housing and Elder Law Projects Legal Aid Society of Palm Beach County 423 Fern Street, Suite 200 West Palm Beach, FL 33401 (561) 655-8944 Ext. 296 (561) 655-5269 Fax tmyles@legalaidpbc.org<BLOCKED::BLOCKED::mailto:tmyles@legalaidpbc.org> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Tuesday, April 03, 2012 11:45 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] condo approval Q I would agree that an eviction under these circumstances would be very unlikely. I would also make an argument that if the kid hasn't graduated high school yet, he is still a dependent of the parents and therefore, the effort to force him out is a violation of familial rights (forget the technical term). 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: Lainie Simon <ljsimon1@comcast.net> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, April 3, 2012 11:40 AM Subject: Re: [RPPTL LandTen] condo approval Q 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 o f 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 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<mailto:landten-bounces@lists.flabarrpptl.org> [landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>] on behalf of Greg Hass [GregH@floridarealtors.org<mailto: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@01CD1191.E3C98F60] _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

HH

Harry Heist

Tue, Apr 3, 2012 4:04 PM

I agree with Lainie. Looks like another example of heavy handed actions by
the condo commandos. I feel a waiver has occurred and unless extremely
specific language is there to address this exact situation, it would not
fly.

Something needs to be done about the illegal discrimination that is
occurring every day by these associations and their "approval" processes.

I love this one: Only one rental allowed per year. Tenant moves in, 2
months later skips or gets evicted. Owner is screwed.

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 Lainie Simon
Sent: Tuesday, April 03, 2012 11:41 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] condo approval Q

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 o
f 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

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

I agree with Lainie. Looks like another example of heavy handed actions by the condo commandos. I feel a waiver has occurred and unless extremely specific language is there to address this exact situation, it would not fly. Something needs to be done about the illegal discrimination that is occurring every day by these associations and their "approval" processes. I love this one: Only one rental allowed per year. Tenant moves in, 2 months later skips or gets evicted. Owner is screwed. 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 Lainie Simon Sent: Tuesday, April 03, 2012 11:41 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] condo approval Q 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 o f 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 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- <http://www.linkedin.com/company/beloff-parker-jacobs-&-offir> &-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? Im 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

DW

David Weisman

Tue, Apr 3, 2012 4:18 PM

How about the situation where the Owner buys for investment and then the association bars rentals completely.

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image002.jpg@01CD1193.EC5D61E0]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, April 03, 2012 12:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] condo approval Q

I agree with Lainie. Looks like another example of heavy handed actions by the condo commandos. I feel a waiver has occurred and unless extremely specific language is there to address this exact situation, it would not fly.

Something needs to be done about the illegal discrimination that is occurring every day by these associations and their "approval" processes.

I love this one: Only one rental allowed per year. Tenant moves in, 2 months later skips or gets evicted. Owner is screwed.

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 Lainie Simon
Sent: Tuesday, April 03, 2012 11:41 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] condo approval Q

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 o

f 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

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 mailto:landten-bounces@lists.flabarrpptl.org [landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] on behalf of Greg Hass [GregH@floridarealtors.org mailto: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:image003.jpg@01CD1193.EC5D61E0]

landten mailing list

landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org

http://mailman.fsr.com/mailman/listinfo/landten

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail.

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.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

How about the situation where the Owner buys for investment and then the association bars rentals completely. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [cid:image002.jpg@01CD1193.EC5D61E0] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Tuesday, April 03, 2012 12:05 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] condo approval Q I agree with Lainie. Looks like another example of heavy handed actions by the condo commandos. I feel a waiver has occurred and unless extremely specific language is there to address this exact situation, it would not fly. Something needs to be done about the illegal discrimination that is occurring every day by these associations and their "approval" processes. I love this one: Only one rental allowed per year. Tenant moves in, 2 months later skips or gets evicted. Owner is screwed. 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 Lainie Simon Sent: Tuesday, April 03, 2012 11:41 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] condo approval Q 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 o f 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 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<mailto:landten-bounces@lists.flabarrpptl.org> [landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>] on behalf of Greg Hass [GregH@floridarealtors.org<mailto: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:image003.jpg@01CD1193.EC5D61E0] _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail. 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. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

GH

Greg Hass

Tue, Apr 3, 2012 4:26 PM

Thanks everyone for your insight to my question - it's greatly appreciated.

David, in your last scenario I would say the owner could point to 718.110 (13) to say the condo rule barring rentals doesn't apply to them (assuming they acquired title BEFORE the effective date of the condo amendment barring rentals).

Greg

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Tuesday, April 03, 2012 12:19 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] condo approval Q

How about the situation where the Owner buys for investment and then the association bars rentals completely.

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[Email Logo -Resize 30]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, April 03, 2012 12:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] condo approval Q

I agree with Lainie. Looks like another example of heavy handed actions by the condo commandos. I feel a waiver has occurred and unless extremely specific language is there to address this exact situation, it would not fly.

Something needs to be done about the illegal discrimination that is occurring every day by these associations and their "approval" processes.

I love this one: Only one rental allowed per year. Tenant moves in, 2 months later skips or gets evicted. Owner is screwed.

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 Lainie Simon
Sent: Tuesday, April 03, 2012 11:41 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] condo approval Q

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 o

f 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

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 mailto:landten-bounces@lists.flabarrpptl.org [landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] on behalf of Greg Hass [GregH@floridarealtors.org mailto: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

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http://mailman.fsr.com/mailman/listinfo/landten

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail.

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.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

Thanks everyone for your insight to my question - it's greatly appreciated. David, in your last scenario I would say the owner could point to 718.110 (13) to say the condo rule barring rentals doesn't apply to them (assuming they acquired title BEFORE the effective date of the condo amendment barring rentals). Greg From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Tuesday, April 03, 2012 12:19 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] condo approval Q How about the situation where the Owner buys for investment and then the association bars rentals completely. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [Email Logo -Resize 30] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Tuesday, April 03, 2012 12:05 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] condo approval Q I agree with Lainie. Looks like another example of heavy handed actions by the condo commandos. I feel a waiver has occurred and unless extremely specific language is there to address this exact situation, it would not fly. Something needs to be done about the illegal discrimination that is occurring every day by these associations and their "approval" processes. I love this one: Only one rental allowed per year. Tenant moves in, 2 months later skips or gets evicted. Owner is screwed. 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 Lainie Simon Sent: Tuesday, April 03, 2012 11:41 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] condo approval Q 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 o f 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 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<mailto:landten-bounces@lists.flabarrpptl.org> [landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>] on behalf of Greg Hass [GregH@floridarealtors.org<mailto: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<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail. 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. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

CS

Cary Sabol

Tue, Apr 3, 2012 5:45 PM

David,

No only does the statute prohibit such a material change in rights, there is case law specifically addressing this issue in favor of the owner. I don't have the exact cite, but it's known as the "Woodside" case out of the clearwater area. I believe it was a Sup. Ct. decision, which states that a purchaser who purchases a condo at a time when rentals are permitted obtains a vested property right and the association cannot thereafter deprive the owner of the right to rent his/her unit, unless the owner consents or votes in favor of the amendment. I can dig up the exact citation if anyone needs it.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

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From: David Weisman David.Weisman@gmlaw.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, April 3, 2012 12:18 PM
Subject: Re: [RPPTL LandTen] condo approval Q

How about the situation where the Owner buys for investment and then the association bars rentals completely.

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, April 03, 2012 12:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] condo approval Q

I agree with Lainie. Looks like another example of heavy handed actions by the condo commandos. I feel a waiver has occurred and unless extremely specific language is there to address this exact situation, it would not fly.

Something needs to be done about the illegal discrimination that is occurring every day by these associations and their "approval" processes.

I love this one: Only one rental allowed per year. Tenant moves in, 2 months later skips or gets evicted. Owner is screwed.

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
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 Lainie Simon
Sent: Tuesday, April 03, 2012 11:41 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] condo approval Q

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)

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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
Attorney at Law
Board Certified
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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

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David, No only does the statute prohibit such a material change in rights, there is case law specifically addressing this issue in favor of the owner. I don't have the exact cite, but it's known as the "Woodside" case out of the clearwater area. I believe it was a Sup. Ct. decision, which states that a purchaser who purchases a condo at a time when rentals are permitted obtains a vested property right and the association cannot thereafter deprive the owner of the right to rent his/her unit, unless the owner consents or votes in favor of the amendment. I can dig up the exact citation if anyone needs 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: David Weisman <David.Weisman@gmlaw.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, April 3, 2012 12:18 PM Subject: Re: [RPPTL LandTen] condo approval Q How about the situation where the Owner buys for investment and then the association bars rentals completely. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Tuesday, April 03, 2012 12:05 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] condo approval Q I agree with Lainie. Looks like another example of heavy handed actions by the condo commandos. I feel a waiver has occurred and unless extremely specific language is there to address this exact situation, it would not fly. Something needs to be done about the illegal discrimination that is occurring every day by these associations and their "approval" processes. I love this one: Only one rental allowed per year. Tenant moves in, 2 months later skips or gets evicted. Owner is screwed. 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 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 Lainie Simon Sent: Tuesday, April 03, 2012 11:41 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] condo approval Q 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 o f 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 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 _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not 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 notify us immediately by reply e-mail. 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. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

LC

Leonard Cabral

Thu, Apr 12, 2012 1:55 PM

I am just waiting for a case where the landlord files an eviction against a tenant based on Harrys' "Tough Kick-Butt Mold Addendum". I don't think a jury would look kindly on it. I don't think Harry has spent a days in any mold infested properties. Instead of the landlord taking care of the property they just let the tenant out of the lease and put new un-expecting tenants into the unit. I have one complex in Sanford/Lake Mary that I have been following for over 10 years that is full of mold and they haven't done any remediation. Bleach is not the answer to mold.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, March 15, 2012 10:36
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

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

I am just waiting for a case where the landlord files an eviction against a tenant based on Harrys' "Tough Kick-Butt Mold Addendum". I don't think a jury would look kindly on it. I don't think Harry has spent a days in any mold infested properties. Instead of the landlord taking care of the property they just let the tenant out of the lease and put new un-expecting tenants into the unit. I have one complex in Sanford/Lake Mary that I have been following for over 10 years that is full of mold and they haven't done any remediation. Bleach is not the answer to mold. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, March 15, 2012 10:36 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 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

landten@lists.flabarrpptl.org

[RPPTL LandTen] Eviction Question