[RPPTL LandTen] Emergency Order Suspending Evictions
To be clear, would it be your view that as there is no “cause of action” an action cannot be filed during that time and would be subject to dismissal??
Eric Jacobs
ejacobs@nexterralaw.commailto:eric@beloffparker.com
AV Rated
Board Certified - Real Estate
[cid:image002.png@01D60991.67A0AEE0]
We are where you need us to be.
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which 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.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
Here is the Order.
[cid:image003.jpg@01D51FA2.FDE2A630]
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mailmailto:AMenor@shutts.com | Biography http://www.shutts.com/lawyer/arthur-j-menor | V-Cardhttp://www.shutts.com/index.php?vcard&id=895 | Websitehttp://www.shutts.com
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
As of 7:30 pm, it is still not posted on his website. But here is the link… https://www.flgov.com/2020-executive-orders/
You’ll likely need to refresh the page…
Sancha Brennan
Sancha Brennan
The Brennan Law Firm
738 Rugby Street
Orlando, Florida 32804
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions
Governor Desantis announced he signed an Order suspending evictions for 45 days. Has anyone seen the Order?
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
My position is how can this be at any level anything other than a political
pronouncement (though much needed and well serving for the general public
and that I am in %100 agreement with)?
Quo Warranto? Where in the Florida Constitution or the Florida
Statutes does such a power exist for the Governor.
It's one thing to suspend a Rule of Procedure pursuant to the Florida
Supreme Court's supervisory role over the Courts and as the natural arbiter
of the Rules as the Chief Justice wisely did or another thing for the
Sheriff's Office to have a moratorium on executing Writs of possession.
However, where does the Governor's source of legal power come from for
such a pronouncement?
Hegel Laurent, ESQ.
Laurent Law Office, P.L.
930 South State Road 7
Plantation, FL 33317
Phone: 786. 453. 7198 // Fax: 786.233.6169
Email Confidentiality Privileged/Confidential Information may be contained
in this message.
If you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not copy or send this
message to anyone. In such case, you should destroy this message and
kindly notify the sender by reply e-mail.
Debt collection disclosure: a portion of our firm’s practice involves the
collection of debts on behalf of our client(s). If you are someone against
whom our client(s) has a claim, please be aware that this communication is
from a debt collector as defined by law and any information obtained will
be used for that purpose.
On Fri, Apr 3, 2020 at 8:27 AM Eric Jacobs ejacobs@nexterralaw.com wrote:
To be clear, would it be your view that as there is no “cause of action”
an action cannot be filed during that time and would be subject to
dismissal??
Eric Jacobs
ejacobs@nexterralaw.com eric@beloffparker.com
AV Rated
Board Certified - Real Estate
We are where you need us to be.
Confidentiality and Relationship Disclosure. If you are reading this,
congratulations, you are probably the first. For years law firms have
included lengthy disclosures at the bottom of their emails which 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.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
Here is the Order.
[image: cid:image003.jpg@01D51FA2.FDE2A630]
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP *
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm
Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mail AMenor@shutts.com | Biography
http://www.shutts.com/lawyer/arthur-j-menor|* V-Card
http://www.shutts.com/index.php?vcard&id=895 | Website
http://www.shutts.com
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.org [
mailto:landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
EXTERNAL: This email originated from outside of the SHUTTS email system.
Do not respond, click any links or open any attachments unless you trust
the sender and know the content is safe.
As of 7:30 pm, it is still not posted on his website. But here is the
link… https://www.flgov.com/2020-executive-orders/
You’ll likely need to refresh the page…
Sancha Brennan
Sancha Brennan
The Brennan Law Firm
738 Rugby Street
Orlando, Florida 32804
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and
confidential information. It is intended only for the use of the person(s)
named above. If you are not the intended recipient, you are hereby notified
that any review, dissemination, distribution or duplication of this
communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies
of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed
by the IRS under Circular 230, we inform you that any U.S. federal tax
advice contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the
Internal Revenue Code or (2) promoting, marketing or recommending to
another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions
Governor Desantis announced he signed an Order suspending evictions for 45
days. Has anyone seen the Order?
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I totally agree with Hegel.
I have a client who is retired and lives on his residential rental income. To him, this is his job, his ONLY income which is much needed. He believes his few tenants will not pay even though they may not lose their jobs. He also believes that the governor has no power to do this as he has watched Judge Napolitano speak on this point. Therefore, to him, the governor is wrongfully interfering with his livelihood and believes it should be actionable.
Thoughts and comments?
Gioia DeCarlo, Esq.
Escobar & DeCarlo, LLC
1341 SW 1st St.
Miami, FL 33135
T. 305-324-9823
F. 1-888-551-2980
A portion of this firm’s practice includes the collections of debts. If we are attempting to collect a debt we believe you owe, you are advised that any and all information you provide to us will be used in an effort to collect such debt.
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to info@edclaw.commailto:info@edclaw.com or by telephone at (305) 324-9823 and then delete the message and its attachments from your computer. Thank you.
From: "landten-bounces@lists.flabarrpptl.org" landten-bounces@lists.flabarrpptl.org on behalf of Hegel Laurent hlaurent@llolegal.com
Reply-To: RPPTL Committee landten@lists.flabarrpptl.org
Date: Friday, April 3, 2020 at 8:01 AM
To: RPPTL Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
My position is how can this be at any level anything other than a political pronouncement (though much needed and well serving for the general public and that I am in %100 agreement with)?
Quo Warranto? Where in the Florida Constitution or the Florida Statutes does such a power exist for the Governor.
It's one thing to suspend a Rule of Procedure pursuant to the Florida Supreme Court's supervisory role over the Courts and as the natural arbiter of the Rules as the Chief Justice wisely did or another thing for the Sheriff's Office to have a moratorium on executing Writs of possession. However, where does the Governor's source of legal power come from for such a pronouncement?
Hegel Laurent, ESQ.
Laurent Law Office, P.L.
930 South State Road 7
Plantation, FL 33317
Phone: 786. 453. 7198 // Fax: 786.233.6169
Email Confidentiality Privileged/Confidential Information may be contained in this message.
If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or send this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply e-mail.
Debt collection disclosure: a portion of our firm’s practice involves the collection of debts on behalf of our client(s). If you are someone against whom our client(s) has a claim, please be aware that this communication is from a debt collector as defined by law and any information obtained will be used for that purpose.
On Fri, Apr 3, 2020 at 8:27 AM Eric Jacobs <ejacobs@nexterralaw.commailto:ejacobs@nexterralaw.com> wrote:
To be clear, would it be your view that as there is no “cause of action” an action cannot be filed during that time and would be subject to dismissal??
Eric Jacobs
ejacobs@nexterralaw.commailto:eric@beloffparker.com
AV Rated
Board Certified - Real Estate
[cid:image001.png@01D60990.C27868E0]
We are where you need us to be.
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which 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.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
Here is the Order.
[cid:image003.jpg@01D51FA2.FDE2A630]
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mailmailto:AMenor@shutts.com | Biography http://www.shutts.com/lawyer/arthur-j-menor | V-Cardhttp://www.shutts.com/index.php?vcard&id=895 | Websitehttp://www.shutts.com
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
As of 7:30 pm, it is still not posted on his website. But here is the link… https://www.flgov.com/2020-executive-orders/
You’ll likely need to refresh the page…
Sancha Brennan
Sancha Brennan
The Brennan Law Firm
738 Rugby Street
Orlando, Florida 32804
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions
Governor Desantis announced he signed an Order suspending evictions for 45 days. Has anyone seen the Order?
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Wouldn’t it be nice if the attorneys who work for the state would take five minutes and ask for some help from us attorneys who practice this type of law?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Thursday, April 02, 2020 9:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
I do not see anything limiting this to residential only. Does anyone know if this is intended to cover commercial as well?
Sent from my iPhone
On Apr 2, 2020, at 8:45 PM, Deborah Marks deborahmarkslaw@gmail.com wrote:
That appears to be what it means- even if the tenant is still fully employed- but It does not mean one cannot declare a default of the contract and demand possession. Just means the courts can’t compel it which was already the case in south Florida by virtue of court refusal to file and/or process
Sent from my iPhone
On Apr 2, 2020, at 8:29 PM, Kristopher Fernandez KFernandez@kfernandezlaw.com wrote:
But what does it mean to “suspend and toll any statute providing for a mortgage foreclosure cause of action or for an eviction cause of action”?
You file a mortgage foreclosure and an eviction lawsuit under the written agreement.
Does this mean that a private lender or private landlord cannot file a foreclosure or eviction lawsuit for 45 days due to non-payment?
Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
Here is the Order.
<image001.jpg>
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
mailto:AMenor@shutts.com E-Mail | http://www.shutts.com/lawyer/arthur-j-menor Biography | http://www.shutts.com/index.php?vcard&id=895 V-Card | http://www.shutts.com Website
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
As of 7:30 pm, it is still not posted on his website. But here is the link… https://www.flgov.com/2020-executive-orders/
You’ll likely need to refresh the page…
Sancha Brennan
Sancha Brennan
The Brennan Law Firm
738 Rugby Street
Orlando, Florida 32804
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions
Governor Desantis announced he signed an Order suspending evictions for 45 days. Has anyone seen the Order?
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
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
Imagine.,..
Eric Jacobs
ejacobs@nexterralaw.commailto:eric@beloffparker.com
AV Rated
Board Certified - Real Estate
[cid:image001.png@01D609A2.A19E33E0]
We are where you need us to be.
Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which 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.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Friday, April 3, 2020 10:23 AM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
Wouldn’t it be nice if the attorneys who work for the state would take five minutes and ask for some help from us attorneys who practice this type of law?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image002.png@01D609A2.A19E33E0]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Thursday, April 02, 2020 9:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
I do not see anything limiting this to residential only. Does anyone know if this is intended to cover commercial as well?
Sent from my iPhone
On Apr 2, 2020, at 8:45 PM, Deborah Marks <deborahmarkslaw@gmail.commailto:deborahmarkslaw@gmail.com> wrote:
That appears to be what it means- even if the tenant is still fully employed- but It does not mean one cannot declare a default of the contract and demand possession. Just means the courts can’t compel it which was already the case in south Florida by virtue of court refusal to file and/or process
Sent from my iPhone
On Apr 2, 2020, at 8:29 PM, Kristopher Fernandez <KFernandez@kfernandezlaw.commailto:KFernandez@kfernandezlaw.com> wrote:
But what does it mean to “suspend and toll any statute providing for a mortgage foreclosure cause of action or for an eviction cause of action”?
You file a mortgage foreclosure and an eviction lawsuit under the written agreement.
Does this mean that a private lender or private landlord cannot file a foreclosure or eviction lawsuit for 45 days due to non-payment?
Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
Here is the Order.
<image001.jpg>
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mailmailto:AMenor@shutts.com | Biography http://www.shutts.com/lawyer/arthur-j-menor | V-Cardhttp://www.shutts.com/index.php?vcard&id=895 | Websitehttp://www.shutts.com
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
As of 7:30 pm, it is still not posted on his website. But here is the link… https://www.flgov.com/2020-executive-orders/
You’ll likely need to refresh the page…
Sancha Brennan
Sancha Brennan
The Brennan Law Firm
738 Rugby Street
Orlando, Florida 32804
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions
Governor Desantis announced he signed an Order suspending evictions for 45 days. Has anyone seen the Order?
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
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With evictions, if it is a “covered” property, and most are, the amount of non-covered properties are next to nothing.
No evictions can be filed on “covered” properties for 150 days from March 27
The governor’s actions impacted only a small percentage of people since most properties are “covered”.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
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Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Deborah Marks
Sent: Thursday, April 02, 2020 8:43 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
That appears to be what it means- even if the tenant is still fully employed- but It does not mean one cannot declare a default of the contract and demand possession. Just means the courts can’t compel it which was already the case in south Florida by virtue of court refusal to file and/or process
Sent from my iPhone
On Apr 2, 2020, at 8:29 PM, Kristopher Fernandez KFernandez@kfernandezlaw.com wrote:
But what does it mean to “suspend and toll any statute providing for a mortgage foreclosure cause of action or for an eviction cause of action”?
You file a mortgage foreclosure and an eviction lawsuit under the written agreement.
Does this mean that a private lender or private landlord cannot file a foreclosure or eviction lawsuit for 45 days due to non-payment?
Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
Here is the Order.
<image001.jpg>
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
mailto:AMenor@shutts.com E-Mail | http://www.shutts.com/lawyer/arthur-j-menor Biography | http://www.shutts.com/index.php?vcard&id=895 V-Card | http://www.shutts.com Website
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
As of 7:30 pm, it is still not posted on his website. But here is the link… https://www.flgov.com/2020-executive-orders/
You’ll likely need to refresh the page…
Sancha Brennan
Sancha Brennan
The Brennan Law Firm
738 Rugby Street
Orlando, Florida 32804
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions
Governor Desantis announced he signed an Order suspending evictions for 45 days. Has anyone seen the Order?
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
landten mailing list
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Under what authority is Judge Napolitano a judge? (besides the media). I believe he is a licensed mediator which (in some circles) makes him a judge. Otherwise he is an attorney licensed to practice in NY. I would take Harry's opinion over Napolitano's.
Does the landlord think he or she should be in a better position than anyone else who lost their job due to COVID virus? Ask the landlord for a $10k retainer to fight the governor and see if his or her attitude changes.
If you need a response in less than 48 hours please call me at the number below.
Leonard P. Cabral, Esq.
Lenslaw@lenslaw.commailto:Lenslaw@lenslaw.com
(407) 324-2200
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Gioia DeCarlo
Sent: Friday, April 03, 2020 9:21 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
I totally agree with Hegel.
I have a client who is retired and lives on his residential rental income. To him, this is his job, his ONLY income which is much needed. He believes his few tenants will not pay even though they may not lose their jobs. He also believes that the governor has no power to do this as he has watched Judge Napolitano speak on this point. Therefore, to him, the governor is wrongfully interfering with his livelihood and believes it should be actionable.
Thoughts and comments?
Gioia DeCarlo, Esq.
Escobar & DeCarlo, LLC
1341 SW 1st St.
Miami, FL 33135
T. 305-324-9823
F. 1-888-551-2980
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From: "landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org" <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Hegel Laurent <hlaurent@llolegal.commailto:hlaurent@llolegal.com>
Reply-To: RPPTL Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Friday, April 3, 2020 at 8:01 AM
To: RPPTL Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
My position is how can this be at any level anything other than a political pronouncement (though much needed and well serving for the general public and that I am in %100 agreement with)?
Quo Warranto? Where in the Florida Constitution or the Florida Statutes does such a power exist for the Governor.
It's one thing to suspend a Rule of Procedure pursuant to the Florida Supreme Court's supervisory role over the Courts and as the natural arbiter of the Rules as the Chief Justice wisely did or another thing for the Sheriff's Office to have a moratorium on executing Writs of possession. However, where does the Governor's source of legal power come from for such a pronouncement?
Hegel Laurent, ESQ.
Laurent Law Office, P.L.
930 South State Road 7
Plantation, FL 33317
Phone: 786. 453. 7198 // Fax: 786.233.6169
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On Fri, Apr 3, 2020 at 8:27 AM Eric Jacobs <ejacobs@nexterralaw.commailto:ejacobs@nexterralaw.com> wrote:
To be clear, would it be your view that as there is no "cause of action" an action cannot be filed during that time and would be subject to dismissal??
Eric Jacobs
ejacobs@nexterralaw.commailto:eric@beloffparker.com
AV Rated
Board Certified - Real Estate
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
Here is the Order.
[cid:image003.jpg@01D51FA2.FDE2A630]
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mailmailto:AMenor@shutts.com | Biography http://www.shutts.com/lawyer/arthur-j-menor | V-Cardhttp://www.shutts.com/index.php?vcard&id=895 | Websitehttp://www.shutts.com
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
As of 7:30 pm, it is still not posted on his website. But here is the link... https://www.flgov.com/2020-executive-orders/
You'll likely need to refresh the page...
Sancha Brennan
Sancha Brennan
The Brennan Law Firm
738 Rugby Street
Orlando, Florida 32804
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions
Governor Desantis announced he signed an Order suspending evictions for 45 days. Has anyone seen the Order?
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
