Re: [RPPTL Leasing Committee] FW: Very interesting eviction case
I'm happy to see a Court take a stand and follow the law and do the right thing for a landlord. Based on my experiences since Covid and since this CDC Rule was in place, most cases that I have dealt with have been nothing more than an abuse of an overly broad "protection for tenants." It's not practical for a landlord to try and disprove the claims (although I've heard some good stories of L/L attorneys doing so). I have often wondered whether there's any obligation to actually prove the statements made in the CDC Declaration.
I feel that landlords have been forced to bear the financial burden of the pandemic as much, if not more than any other group (in my humble and limited opinion). I tend to represent smaller landlords and their financial struggles are often significantly worse than the tenants who are abusing the system. I think that's the side of the story that has been forgotten; i.e. not all landlords are billion dollar corporations. Many are just mom and pops whose retirement income depends on the rent.
Of course, whether or not it's binding or even enforceable is above my pay grade, so I'll leave up to the Constitutionalists.
Thank you for sharing Harry!
Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
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-------- Original Message --------
Subject: [RPPTL Leasing Committee] FW: Very interesting eviction case
From: RPPTL Real Estate Leasing Committee
<landten@lists.flabarrpptl.org>
Date: Tue, December 15, 2020 10:55 am
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#wmQuoteWrapper div.WordSection1 {page:WordSection1;}Yes it is. Assuming it is for real, the Court does a good job telling the simple story of the economic reality that the eviction ban is taking the landlords property and making them pay for housing for those adversely affected by the pandemic, unlike other purveyors of food, housing, shelter and health services. I do not here opine as to what can or should be done about it, the legal soundness of the Order or what its effect will be.
Does anybody know of any other cases in Florida or the US holding similarly?
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
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West Palm Beach, Florida 33401
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From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Tuesday, December 15, 2020 9:59 AM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Very interesting eviction caseThis one is a doozy.
Anyone see it?
Opinions?
Harry Heist
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