Re: [RPPTL-constructionlaw] [RPPTL] Real Estate NEW CASE 83.64
I have a client and a new case anyone interested? Here are the facts.
Nice lady, nurse I think..living in a commercial run apartment complex with her child and boyfriend (sort of like a husband but not married - think he is the father of the child). They have been renting from the same commercial complex in Broward County for SEVEN YEARS AND NEVER ONCE WERE THEY EVER LATE ON THEIR RENT. Also, they were considered model tenants. Landlord was HAPPY to renew their lease every year. Last year they have an accident and a small grease fire breaks out in kitchen. Rental complex moves them into another unit while they fix up their unit and then move them back in. They send my clients a demand for about $25k for damages.Clients come to me. I immediately jump in and demand back up and ask about "insurance". They tell me there is no insurance or that the deductible is higher than the amount demanded. So I ask for the policy and the correspondence between the complex and their insurance company. I get NOTHING. A month later they tell me that all of sudden there is insurance, that the claim was submitted and the deductible is $10,000.00 and they demand $10K. I ask again for backup documentation. They submit a BS estimate which I follow up on by asking for licensure, backup docs, etc.....I get NOTHING and the rental complex ABANDONS ALL EFFORTS TO COLLECT THE $10k. Five months later, they receive a notice from the complex stating that they are not having their lease renewed. I write to the complex offering asking that my clients be allowed to renew their lease and even offering to pay MORE RENT than before. They flat out say no. I believe there is something fishy going on here. I think they are being discriminated against and there may be a claim under section 83.64 - - - but I do understand that a landlord has a right to terminate a lease when the lease is at its natural end of term. I know they will claim they are simply excercising their right to "not renew" but I know there is a claim here...I just can't put my finger on it! Anybody have any ideas.
Michael Romm
Michael R. Romm, P.A.
North Office: 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
South Office: 6505 Blue Lagoon Drive, Suite 460, Miami, FL 33126
Cell Phone: (954) 557-8002
Office Phone: (305) 260-1600
Fax #1: (954) 208-0022
Fax #2: (888) 622-3035
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Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents. Law Offices of Michael R. Romm, P.A.
-------- Original Message --------
Subject: Re: [RPPTL-constructionlaw] [RPPTL] -need a referral
From: "Gary L. Brown" <GBrown@wsh-law.com>
Date: Thu, September 01, 2011 10:58 am
To: "'RPPTL constructionlaw'" <constructionlaw@lists.flabarrpptl.org>#wmQuoteWrapper v:* {behavior:url(#default#VML);}
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#wmQuoteWrapper div.Section1 {page:Section1;}How about a Cane?! Lol
On a different topic, can anyone advise whether you’ve litigated the issue of a pre-suit condition precedent (not mediation, but submission of claim to design professional of record and getting decision or lack thereof w/in certain time period) that was not satisfied before suit was filed, and whether that’s fatal to the claim? Or whether dismissal/judgment would be w/o prejudice for the party to 1st comply with the requirement and re-file (assuming still w/in statute of limitations). My hunch is it’s the latter. Anyone’s guidance or reference to precedent would be appreciated. Please just email your response to gbrown@wsh-law.com. Thx.
Gary L. Brown, Esq.
Partner
Board Certified Construction Lawyer
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
200 East Broward Blvd., Suite 1900
Fort Lauderdale, FL 33301
www.wsh-law.com
Tel: (954) 763-4242
Fax: (954) 764-7770P Think before you print
This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954) 763-4242 or by return e-mail and delete the message, along with any attachments.
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{Reply Separator}
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Ian Kravitz
Sent: Thursday, September 01, 2011 8:57 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] -need a referralDon’t know if I would have a Gator defending my Nole kid
Ian T. Kravitz, Esquire view my bio
Board Certified in Construction Law
**AV Preeminent Rated by Martindale-Hubbell
MALKA & KRAVITZ, P.A.
1300 Sawgrass Corporate Parkway
Suite 100
Sunrise, FL 33323
Telephone 954-514-0984
Facsimile 954-514-0985
www.YourConstructionLawFirm.com
Your Construction Law Firm™
CONFIDENTIALITY NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and (a) is or may be LEGALLY PRIVILEGED, CONFIDENTIAL, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) is intended only for the use of the Addressee(s) named herein. If you are not the intended recipient, an addressee, or the person responsible for delivering this to an addressee, you are hereby notified that reading, using, copying, or distributing any part of this message is strictly prohibited. If you have received this electronic mail message in error, please contact us immediately and take the steps necessary to delete the message completely from your computer system. The receipt by anyone other than the intended recipient does not waive the attorney-client privilege; neither will it constitute a waiver of the work-product doctrine.
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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Mike Wilson
Sent: Thursday, September 01, 2011 8:22 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] -need a referralTim Jansen is the best in Tallahassee and was my college roommate at UF. His number is 850 545-9189. Tell him I referred you and he will take care of it. Mike
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com
Sent: Thursday, September 01, 2011 4:11 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] -need a referralHi everyone.....bad news. My nephew was arrested in Tallahassee. He is student in his first week at college at FSU (false ID/poss. alcohol) - kid stuff! Anybody have a GOOD FRIEND who can handle a criminal case for me? He's a good boy, who made a bad choice. Please call me privately at 954-557-8002 if you have a referral for me. Thanks!!! Michael
Michael Romm
Michael R. Romm, P.A.
North Office: 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
South Office: 6505 Blue Lagoon Drive, Suite 460, Miami, FL 33126
Cell Phone: (954) 557-8002
Office Phone: (305) 260-1600
Fax #1: (954) 208-0022
Fax #2: (888) 622-3035
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents. Law Offices of Michael R. Romm, P.A.
-------- Original Message --------
Subject: Re: [RPPTL-constructionlaw] Sarasota County building
envelope/waterintrusion expert
From: "Chris Lamia" <clamia@bmolaw.com>
Date: Wed, August 31, 2011 10:43 pm
To: <constructionlaw@lists.flabarrpptl.org>David Karins, PE. Karins Engineering Group.
Christine E. Lamia
Bryant Miller Olive
101 North Monroe Street
Suite 900
Tallahassee, Florida
(850) 222-8611 (office)
(850) 222-8969 (fax)
(850) 728-4034 (cell)
From: constructionlaw-bounces@lists.flabarrpptl.org <constructionlaw-bounces@lists.flabarrpptl.org>
To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org>
Sent: Wed Aug 31 15:10:21 2011
Subject: [RPPTL-constructionlaw] Sarasota County building envelope/waterintrusion expertHi all:
I'm looking for a building envelope/water intrusion expert in Sarasota County. Thank you in advance for your referrals, please send contact info and any helpful info directly to me at pgoggins@gmail.com.
PG
--
Patrick J. Goggins, PA
Sun Trust Building, Suite 850
777 Brickell Avenue
Miami, FL 33131-2811
Tel: 305/530-8500
Fax: 305/530-8557
pgoggins@gmail.com
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