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HH

Harry Heist

Thu, Jun 5, 2014 5:08 PM

So, 5 apartments burn to a crisp.

Tenants gave back possession of 3 of the apartments.

2 apartments are holdouts. They will not give up possession. They are
completely uninhabitable. The tenants do not live there, don't want to and
can't. One does not even have a roof, other is ready to cave in.

Lease has typical clause regarding ability to terminate in such a situation
so I prepared and LL served a 7 Day Terminate.

Eviction filing needed on the 2 or can we legally bypass?

This place is fried and has to be demolished.

Ideas? Opinions?

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

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So, 5 apartments burn to a crisp. Tenants gave back possession of 3 of the apartments. 2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don't want to and can't. One does not even have a roof, other is ready to cave in. Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served a 7 Day Terminate. Eviction filing needed on the 2 or can we legally bypass? This place is fried and has to be demolished. Ideas? Opinions? 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.

CS

Cary Sabol

Thu, Jun 5, 2014 5:23 PM

I always advise going through the legal process and to obtain an Judgment for Possession no matter what the circumstances, just to avoid anyone claiming the L/L illegally took back possession. Unfortunately we live in a very litigious world, so you always have to cover all bases. I'm sure that is somewhat of an absurdity and is probably unnecessary in your example, but if the tenants will not sign a voluntary relinquishment of possession, I would advise to go ahead with an eviction case.

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.

On Thursday, June 5, 2014 1:08 PM, Harry Heist harry@evict.com wrote:

So, 5 apartments burn to a crisp.

Tenants gave back possession of 3 of the apartments.

2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don’t want to and can’t. One does not even have a roof, other is ready to cave in.

Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served a 7 Day Terminate.

Eviction filing needed on the 2 or can we legally bypass?

This place is fried and has to be demolished.

Ideas? Opinions?

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

Visit us on Facebook

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I always advise going through the legal process and to obtain an Judgment for Possession no matter what the circumstances, just to avoid anyone claiming the L/L illegally took back possession. Unfortunately we live in a very litigious world, so you always have to cover all bases. I'm sure that is somewhat of an absurdity and is probably unnecessary in your example, but if the tenants will not sign a voluntary relinquishment of possession, I would advise to go ahead with an eviction case. 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. On Thursday, June 5, 2014 1:08 PM, Harry Heist <harry@evict.com> wrote: So, 5 apartments burn to a crisp. Tenants gave back possession of 3 of the apartments. 2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don’t want to and can’t. One does not even have a roof, other is ready to cave in. Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served a 7 Day Terminate. Eviction filing needed on the 2 or can we legally bypass? This place is fried and has to be demolished. Ideas? Opinions? 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 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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

SJ

Sebastian Jaramillo

Thu, Jun 5, 2014 6:34 PM

Take over because of abandonment under 83.05?

Sebastian Jaramillo, Esq.

66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 373-2800 Fax: (305) 373-0505
www.lawjb.com

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IMPORTANT TAX NOTICE: This communication is not written to be used, and
cannot be used, by a taxpayer for the purpose of avoiding penalties that
may be asserted against the taxpayer under the Internal Revenue Code of
1986, as amended.

On Thu, Jun 5, 2014 at 1:08 PM, Harry Heist harry@evict.com wrote:

So, 5 apartments burn to a crisp.

Tenants gave back possession of 3 of the apartments.

2 apartments are holdouts. They will not give up possession. They are
completely uninhabitable. The tenants do not live there, don’t want to and
can’t. One does not even have a roof, other is ready to cave in.

Lease has typical clause regarding ability to terminate in such a
situation so I prepared and LL served a 7 Day Terminate.

Eviction filing needed on the 2 or can we legally bypass?

This place is fried and has to be demolished.

Ideas? Opinions?

Harry

*LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
<1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
the Property Management Professional"Website: *www.evict.com
http://www.evict.com/

Email: *harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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

Take over because of abandonment under 83.05? *Sebastian Jaramillo, Esq.* 66 W. Flagler St Suite 500 Miami, FL 33130 Tel: (305) 373-2800 Fax: (305) 373-0505 www.lawjb.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended. On Thu, Jun 5, 2014 at 1:08 PM, Harry Heist <harry@evict.com> wrote: > So, 5 apartments burn to a crisp. > > > > Tenants gave back possession of 3 of the apartments. > > > > 2 apartments are holdouts. They will not give up possession. They are > completely uninhabitable. The tenants do not live there, don’t want to and > can’t. One does not even have a roof, other is ready to cave in. > > > > Lease has typical clause regarding ability to terminate in such a > situation so I prepared and LL served a 7 Day Terminate. > > > > Eviction filing needed on the 2 or can we legally bypass? > > > > This place is fried and has to be demolished. > > > > Ideas? Opinions? > > > > Harry > > > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428 > <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving > the Property Management Professional"Website: **www.evict.com* > <http://www.evict.com/> > * Email: **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. > > > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >

LC

Leonard Cabral

Fri, Jun 6, 2014 3:33 AM

Harry:
Just off the top of my head, can't you get legal possession by the tenant's abandonment? I believe the statute allow for lawful possession if abandoned.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com

Tenants gave back possession of 3 of the apartments.

2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don't want to and can't. One does not even have a roof, other is ready to cave in.

Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served
Eviction filing needed on the 2 or can we legally bypass?

This place is fried and has to be demolished.

Ideas? Opinions?

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
[cid:image001.png@01CF80FE.57F05350]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.

Harry: Just off the top of my head, can't you get legal possession by the tenant's abandonment? I believe the statute allow for lawful possession if abandoned. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com Tenants gave back possession of 3 of the apartments. 2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don't want to and can't. One does not even have a roof, other is ready to cave in. Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served Eviction filing needed on the 2 or can we legally bypass? This place is fried and has to be demolished. Ideas? Opinions? 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> [cid:image001.png@01CF80FE.57F05350]<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.

HH

Harry Heist

Fri, Jun 6, 2014 1:18 PM

They did not "abandon" as defined by 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
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DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, June 05, 2014 11:33 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Massive fire

Harry:

Just off the top of my head, can't you get legal possession by the tenant's
abandonment? I believe the statute allow for lawful possession if
abandoned.

Leonard P. Cabral, Esq.

Leonardcabral@lenslaw.com

Tenants gave back possession of 3 of the apartments.

2 apartments are holdouts. They will not give up possession. They are
completely uninhabitable. The tenants do not live there, don't want to and
can't. One does not even have a roof, other is ready to cave in.

Lease has typical clause regarding ability to terminate in such a situation
so I prepared and LL served

Eviction filing needed on the 2 or can we legally bypass?

This place is fried and has to be demolished.

Ideas? Opinions?

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.

They did not "abandon" as defined by 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 Leonard Cabral Sent: Thursday, June 05, 2014 11:33 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Massive fire Harry: Just off the top of my head, can't you get legal possession by the tenant's abandonment? I believe the statute allow for lawful possession if abandoned. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com Tenants gave back possession of 3 of the apartments. 2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don't want to and can't. One does not even have a roof, other is ready to cave in. Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served Eviction filing needed on the 2 or can we legally bypass? This place is fried and has to be demolished. Ideas? Opinions? 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.

AJ

Anthony J. Horky

Fri, Jun 6, 2014 2:08 PM

Perhaps we should look at this outside of Chapter 83. Discharge of
contractual duties can arise by "impossibility." Here, nonperformance of
contractual duties are excused or discharged due to destruction of the
subject matter-the apartment. The parties are discharged from further
contractual performance unless otherwise provided in the lease. If the
duties are discharged, the contract is terminated. If the contract is
terminated, then so is the leasehold interest. What about a force majeure
provision I the contract?

Regards,

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com

This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: mailto:ahorky@horkylaw.com
ahorky@horkylaw.com.

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
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, June 06, 2014 9:19 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Massive fire

They did not "abandon" as defined by 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 Leonard Cabral
Sent: Thursday, June 05, 2014 11:33 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Massive fire

Harry:

Just off the top of my head, can't you get legal possession by the tenant's
abandonment? I believe the statute allow for lawful possession if
abandoned.

Leonard P. Cabral, Esq.

Leonardcabral@lenslaw.com

Tenants gave back possession of 3 of the apartments.

2 apartments are holdouts. They will not give up possession. They are
completely uninhabitable. The tenants do not live there, don't want to and
can't. One does not even have a roof, other is ready to cave in.

Lease has typical clause regarding ability to terminate in such a situation
so I prepared and LL served

Eviction filing needed on the 2 or can we legally bypass?

This place is fried and has to be demolished.

Ideas? Opinions?

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.

Perhaps we should look at this outside of Chapter 83. Discharge of contractual duties can arise by "impossibility." Here, nonperformance of contractual duties are excused or discharged due to destruction of the subject matter-the apartment. The parties are discharged from further contractual performance unless otherwise provided in the lease. If the duties are discharged, the contract is terminated. If the contract is terminated, then so is the leasehold interest. What about a force majeure provision I the contract? Regards, AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- 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 [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, June 06, 2014 9:19 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Massive fire They did not "abandon" as defined by 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 Leonard Cabral Sent: Thursday, June 05, 2014 11:33 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Massive fire Harry: Just off the top of my head, can't you get legal possession by the tenant's abandonment? I believe the statute allow for lawful possession if abandoned. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com Tenants gave back possession of 3 of the apartments. 2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don't want to and can't. One does not even have a roof, other is ready to cave in. Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served Eviction filing needed on the 2 or can we legally bypass? This place is fried and has to be demolished. Ideas? Opinions? 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.

JZ

James Zink

Fri, Jun 6, 2014 2:20 PM

Harry,

How exactly are they refusing possession? Simply not returning keys? I assume if they are not living there, they are also not paying rent? And what is their end game in this anyway?

James Zink

On Jun 5, 2014, at 1:08 PM, "Harry Heist" <harry@evict.com mailto:harry@evict.com> wrote:

So, 5 apartments burn to a crisp.

Tenants gave back possession of 3 of the apartments.

2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don’t want to and can’t. One does not even have a roof, other is ready to cave in.

Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served a 7 Day Terminate.

Eviction filing needed on the 2 or can we legally bypass?

This place is fried and has to be demolished.

Ideas? Opinions?

Harry

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FAX: 1 800 367 9038
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Email: harry@evict.com mailto:harry@evict.com
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Harry, How exactly are they refusing possession? Simply not returning keys? I assume if they are not living there, they are also not paying rent? And what is their end game in this anyway? James Zink On Jun 5, 2014, at 1:08 PM, "Harry Heist" <harry@evict.com<mailto:harry@evict.com>> wrote: So, 5 apartments burn to a crisp. Tenants gave back possession of 3 of the apartments. 2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don’t want to and can’t. One does not even have a roof, other is ready to cave in. Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served a 7 Day Terminate. Eviction filing needed on the 2 or can we legally bypass? This place is fried and has to be demolished. Ideas? Opinions? 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> <image002.png><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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

JZ

James Zink

Fri, Jun 6, 2014 2:25 PM

Refusing to return possession, sorry

James Zink

On Jun 6, 2014, at 10:21 AM, "James Zink" james.zink@frls.org wrote:

Harry,

How exactly are they refusing possession? Simply not returning keys? I assume if they are not living there, they are also not paying rent? And what is their end game in this anyway?

James Zink

On Jun 5, 2014, at 1:08 PM, "Harry Heist" <harry@evict.com mailto:harry@evict.com> wrote:

So, 5 apartments burn to a crisp.

Tenants gave back possession of 3 of the apartments.

2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don’t want to and can’t. One does not even have a roof, other is ready to cave in.

Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served a 7 Day Terminate.

Eviction filing needed on the 2 or can we legally bypass?

This place is fried and has to be demolished.

Ideas? Opinions?

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
<image002.png>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.

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Refusing to return possession, sorry James Zink > On Jun 6, 2014, at 10:21 AM, "James Zink" <james.zink@frls.org> wrote: > > Harry, > > How exactly are they refusing possession? Simply not returning keys? I assume if they are not living there, they are also not paying rent? And what is their end game in this anyway? > > James Zink > > On Jun 5, 2014, at 1:08 PM, "Harry Heist" <harry@evict.com<mailto:harry@evict.com>> wrote: > > So, 5 apartments burn to a crisp. > > Tenants gave back possession of 3 of the apartments. > > 2 apartments are holdouts. They will not give up possession. They are completely uninhabitable. The tenants do not live there, don’t want to and can’t. One does not even have a roof, other is ready to cave in. > > Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served a 7 Day Terminate. > > Eviction filing needed on the 2 or can we legally bypass? > > This place is fried and has to be demolished. > > Ideas? Opinions? > > 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> > <image002.png><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. > > > _______________________________________________ > 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 > http://mailman.fsr.com/mailman/listinfo/landten