I have done a number of cases and that's how I handle it. I just list the house address, but be sure the owner (i.e. not the one being evicted) is there when the Sheriff/process server comes to show them which room the tenant is living in. Never had a problem with that process, in fact, not sure there's any other way to identity the "leased premises."
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
.
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-------- Original Message --------
Subject: [RPPTL LandTen] Address for Eviction
From: Dariel Abrahamy <Dariel.Abrahamy@gmlaw.com>
Date: Mon, February 29, 2016 4:04 pm
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#wmQuoteWrapper div.WordSection1 {page:WordSection1;}If someone is renting a room in house, and you need to evict them for non-payment of rent, what address do you put in the complaint? The Sheriff won’t execute on the Writ of Possession unless it has a valid property address. But if you’re only evicting a person from one room, it doesn’t seem to make sense to put the entire house address. Or is that what you would do and simply have the owner/plaintiff meet the Sheriff and direct the Sheriff to simply evict the person from the one room?
DARIEL ABRAHAMY, ESQ.
Shareholder
2255 Glades Road, Suite 400-E
Boca Raton, FL 33431
P: 561-994-2212; F: 954-343-6972
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.Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, ''written advice'' as defined in Section 10.37 of Treasury Department Circular 230.
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.
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I have done a ton of these with student housing and you need to have the room identified.
This may require getting an amended Final Judgment and Alias Writ with the proper address.
Many Deputies will not take the word of the landlord as to the defendant’s room and rightly so.
I would never depend on the experience one had with some deputies. Deputies operate differently all over the state. Do it correctly and have the Final Judgment and Writ have the specific address and room. You may want to advise the landlord to have the rooms marked clearly with numbers or letters if it is not as easy as front room or back room.
Harry
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary P. Sabol, Esq.
Sent: Monday, February 29, 2016 4:20 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Address for Eviction
I have done a number of cases and that's how I handle it. I just list the house address, but be sure the owner (i.e. not the one being evicted) is there when the Sheriff/process server comes to show them which room the tenant is living in. Never had a problem with that process, in fact, not sure there's any other way to identity the "leased premises."
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
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.
-------- Original Message --------
Subject: [RPPTL LandTen] Address for Eviction
From: Dariel Abrahamy < mailto:Dariel.Abrahamy@gmlaw.com Dariel.Abrahamy@gmlaw.com>
Date: Mon, February 29, 2016 4:04 pm
To: "'RPPTL Landlord Tenant Committee'" < mailto:landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org>
If someone is renting a room in house, and you need to evict them for non-payment of rent, what address do you put in the complaint? The Sheriff won’t execute on the Writ of Possession unless it has a valid property address. But if you’re only evicting a person from one room, it doesn’t seem to make sense to put the entire house address. Or is that what you would do and simply have the owner/plaintiff meet the Sheriff and direct the Sheriff to simply evict the person from the one room?
cid:image006.jpg@01CF99C8.29DF4240
DARIEL ABRAHAMY, ESQ.
Shareholder
2255 Glades Road, Suite 400-E
Boca Raton, FL 33431
P: 561-994-2212; F: 954-343-6972
mailto:Dariel.Abrahamy@gmlaw.com Dariel.Abrahamy@gmlaw.com
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.
Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, ''written advice'' as defined in Section 10.37 of Treasury Department Circular 230.
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
mailto:landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten http://mailman.fsr.com/mailman/listinfo/landten