Empathy List Archives

JM

Jordan M Brill

Mon, Jun 17, 2019 7:31 PM

What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit.

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com
www.glachmanbrill.com http://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit. Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

EJ

Eric Jacobs

Mon, Jun 17, 2019 7:36 PM

Rent is still due.

Get Outlook for iOShttps://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of Jordan M Brill jordan@glachmanbrill.com
Sent: Monday, June 17, 2019 3:31:53 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

What are everyone’s thoughts regarding when two individuals are tenants under a lease, and Tenant “A” gets a domestic injunction against Tenant “B” which requires Tenant “B” to vacate the unit? How does the injunction affect Tenant B’s responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit.

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com
www.glachmanbrill.com http://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

Rent is still due. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Jordan M Brill <jordan@glachmanbrill.com> Sent: Monday, June 17, 2019 3:31:53 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit What are everyone’s thoughts regarding when two individuals are tenants under a lease, and Tenant “A” gets a domestic injunction against Tenant “B” which requires Tenant “B” to vacate the unit? How does the injunction affect Tenant B’s responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit. Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

LH

Les H. Stevens, Esquire

Mon, Jun 17, 2019 7:38 PM

The dispute between the 2 individuals is not the Landlord's issue and rent
is still due.

Les H. Stevens, Esquire

Les H. Stevens, P.A.

5301 North Federal Highway

Suite 130

Boca Raton, Florida 33487

Tel: 561-989-9797

Fax: 561-989-8484

E-Mail: mailto:lesstevens@earthlink.net lesstevens@earthlink.net

_

OUR OFFICE NO LONGER ACCEPTS CASHIER'S CHECKS AT CLOSING. ALL FUNDS MUST BE
RECEIVED IN THE FORM OF A SAME DATE WIRE TRANSFER ONLY (NO ACH TRANSFERS).

WE DO NOT ACCEPT OR REQUEST CHANGES TO WIRING INSTRUCTIONS VIA EMAIL OR FAX.
Always call to verify

THIS MESSAGE IS INTENEDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY.

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org On Behalf Of Jordan M Brill
Sent: Monday, June 17, 2019 3:32 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a
Party to Vacate a Rental Unit

What are everyone's thoughts regarding when two individuals are tenants
under a lease, and Tenant "A" gets a domestic injunction against Tenant "B"
which requires Tenant "B" to vacate the unit? How does the injunction
affect Tenant B's responsibilities to pay rent under the lease? I have seen
it happen three times now, where a tenant is evicted by a domestic
injunction without a hearing, and the landlord is still demanding rent,
despite the tenant being subject to arrest for entering the unit.

Thanks,

Jordan

Jordan Marcus Brill, Esq.

Glachman & Brill, P.A.

6421 Congress Ave., Suite 120

Boca Raton, FL 33487

(561)859-0679

mailto:jordan@glachmanbrill.com jordan@glachmanbrill.com

http://www.glachmanbrill.com/ www.glachmanbrill.com

The information contained in this email message is intended for review and
use of the senders intended recipient and no other. Any recipient or reader
of this email that is not an intended recipient or reader is hereby
notified that any dissemination, distribution or copying of this
communication is strictly prohibited; any wrongful dissemination or receipt
shall not constitute a waiver of any privilege held by the sender or any
intended recipient or client of the sender. If you have received this
communication in error, please immediately notify us via email directed to
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com and by telephone
to 561-859-0679, and destroy the original message and all copies thereof and
related communications thereto. Thank you.

The dispute between the 2 individuals is not the Landlord's issue and rent is still due. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel: 561-989-9797 Fax: 561-989-8484 E-Mail: <mailto:lesstevens@earthlink.net> lesstevens@earthlink.net ____________________________________________________________________________ _ OUR OFFICE NO LONGER ACCEPTS CASHIER'S CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DATE WIRE TRANSFER ONLY (NO ACH TRANSFERS). WE DO NOT ACCEPT OR REQUEST CHANGES TO WIRING INSTRUCTIONS VIA EMAIL OR FAX. Always call to verify THIS MESSAGE IS INTENEDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill Sent: Monday, June 17, 2019 3:32 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit. Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 <mailto:jordan@glachmanbrill.com> jordan@glachmanbrill.com <http://www.glachmanbrill.com/> www.glachmanbrill.com The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com <mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

AK

Amanda Kison

Mon, Jun 17, 2019 8:06 PM

Agreed - Rent is still due.

Amanda R. Kison, Esq.
Bentley & Bruning P.A.
783 South Orange Ave.
3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.com http://www.bentleyandbruning.com/

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Eric Jacobs
Sent: Monday, June 17, 2019 3:37 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

Rent is still due.

Get Outlook for iOShttps://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Jordan M Brill <jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com>
Sent: Monday, June 17, 2019 3:31:53 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit.

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com
www.glachmanbrill.com http://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

Agreed - Rent is still due. Amanda R. Kison, Esq. Bentley & Bruning P.A. 783 South Orange Ave. 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.bentleyandbruning.com<http://www.bentleyandbruning.com/> From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Eric Jacobs Sent: Monday, June 17, 2019 3:37 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Rent is still due. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Jordan M Brill <jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com>> Sent: Monday, June 17, 2019 3:31:53 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit. Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

MD

Mike Davis

Mon, Jun 17, 2019 8:51 PM

I also agree and point out the both lease signers have joint and severable liability under the lease, regardless of one lease signer's inability to use the premises. Another point of interest, I caution that the excluded tenant will want to get out of the lease. If a landlord enters into any termination or release agreement with the excluded tenant, it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent. I had a landlord do just this in Jax some years ago and that was the judge's holding on a 3Day eviction of the remaining tenant.

Mike

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Amanda Kison
Sent: Monday, June 17, 2019 4:06 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

Agreed - Rent is still due.

Amanda R. Kison, Esq.
Bentley & Bruning P.A.
783 South Orange Ave.
3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.com http://www.bentleyandbruning.com/

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Eric Jacobs
Sent: Monday, June 17, 2019 3:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

Rent is still due.

Get Outlook for iOShttps://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Jordan M Brill <jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com>
Sent: Monday, June 17, 2019 3:31:53 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit.

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com
www.glachmanbrill.com http://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

I also agree and point out the both lease signers have joint and severable liability under the lease, regardless of one lease signer's inability to use the premises. Another point of interest, I caution that the excluded tenant will want to get out of the lease. If a landlord enters into any termination or release agreement with the excluded tenant, it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent. I had a landlord do just this in Jax some years ago and that was the judge's holding on a 3Day eviction of the remaining tenant. Mike The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Amanda Kison Sent: Monday, June 17, 2019 4:06 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Agreed - Rent is still due. Amanda R. Kison, Esq. Bentley & Bruning P.A. 783 South Orange Ave. 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.bentleyandbruning.com<http://www.bentleyandbruning.com/> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of Eric Jacobs Sent: Monday, June 17, 2019 3:37 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Rent is still due. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Jordan M Brill <jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com>> Sent: Monday, June 17, 2019 3:31:53 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit. Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

ML

Martin Lawyer

Mon, Jun 17, 2019 8:58 PM

Good point, Mike.

If it's a federally subsidized unit, then VAWA would exclude the abuse victim from all liability.

And, if the victim is a woman and is my client, I would argue (and sue if necessary) that holding the woman victim liable financially would be sex discrimination proscribed by 42 U.S.C. § 3604 because the vast majority of domestic violence victims are women.

                  Marty

                 C. Martin (Marty) Lawyer, III
                 Florida Bar # 128095
                 Bay Area Legal Services, Inc.
                 1302  N. 19th St.,  Suite # 400
                 Tampa,  FL 33605-5230
                 (813)  232-1222, Ext.109
                  FAX:  248-9922

"Preserving Independence, Hope and Dignity"

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Mike Davis
Sent: Monday, 17 June, 2019 16:52
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

I also agree and point out the both lease signers have joint and severable liability under the lease, regardless of one lease signer's inability to use the premises. Another point of interest, I caution that the excluded tenant will want to get out of the lease. If a landlord enters into any termination or release agreement with the excluded tenant, it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent. I had a landlord do just this in Jax some years ago and that was the judge's holding on a 3Day eviction of the remaining tenant.

Mike

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Amanda Kison
Sent: Monday, June 17, 2019 4:06 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

Agreed - Rent is still due.

Amanda R. Kison, Esq.
Bentley & Bruning P.A.
783 South Orange Ave.
3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.com http://www.bentleyandbruning.com/

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Eric Jacobs
Sent: Monday, June 17, 2019 3:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

Rent is still due.

Get Outlook for iOShttps://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Jordan M Brill <jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com>
Sent: Monday, June 17, 2019 3:31:53 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit.

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com
www.glachmanbrill.com http://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

Good point, Mike. If it's a federally subsidized unit, then VAWA would exclude the abuse victim from all liability. And, if the victim is a woman and is my client, I would argue (and sue if necessary) that holding the woman victim liable financially would be sex discrimination proscribed by 42 U.S.C. § 3604 because the vast majority of domestic violence victims are women. Marty C. Martin (Marty) Lawyer, III Florida Bar # 128095 Bay Area Legal Services, Inc. 1302 N. 19th St., Suite # 400 Tampa, FL 33605-5230 (813) 232-1222, Ext.109 FAX: 248-9922 "Preserving Independence, Hope and Dignity" From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Mike Davis Sent: Monday, 17 June, 2019 16:52 To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit I also agree and point out the both lease signers have joint and severable liability under the lease, regardless of one lease signer's inability to use the premises. Another point of interest, I caution that the excluded tenant will want to get out of the lease. If a landlord enters into any termination or release agreement with the excluded tenant, it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent. I had a landlord do just this in Jax some years ago and that was the judge's holding on a 3Day eviction of the remaining tenant. Mike The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of Amanda Kison Sent: Monday, June 17, 2019 4:06 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Agreed - Rent is still due. Amanda R. Kison, Esq. Bentley & Bruning P.A. 783 South Orange Ave. 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.bentleyandbruning.com<http://www.bentleyandbruning.com/> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of Eric Jacobs Sent: Monday, June 17, 2019 3:37 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Rent is still due. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Jordan M Brill <jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com>> Sent: Monday, June 17, 2019 3:31:53 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit. Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

HH

Harry Heist

Mon, Jun 17, 2019 8:59 PM

Mike,

You had one county court judge in Jacksonville hold this and now "it's
interpreted by judges as the landlord releasing not only the excluded tenant
but also waiving one half of the rent." ???

What other judges have held this?

Harry Heist

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 Mike Davis
Sent: Monday, June 17, 2019 4:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring
a Party to Vacate a Rental Unit

I also agree and point out the both lease signers have joint and severable
liability under the lease, regardless of one lease signer's inability to use
the premises. Another point of interest, I caution that the excluded tenant
will want to get out of the lease. If a landlord enters into any
termination or release agreement with the excluded tenant, it's interpreted
by judges as the landlord releasing not only the excluded tenant but also
waiving one half of the rent. I had a landlord do just this in Jax some
years ago and that was the judge's holding on a 3Day eviction of the
remaining tenant.

Mike

The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material. Any review, retransmissions, dissemination or other use of this
information by persons or entities other than the intended recipient(s) is
unauthorized and prohibited. Any transmission of confidential and/or
privileged material to persons or entities other than the intended
recipient(s) shall not be construed as a waiver of any privilege or
confidence. If you receive this transmission in error, please contact the
sender and delete the material. Thank you.

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org On Behalf Of Amanda Kison
Sent: Monday, June 17, 2019 4:06 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring
a Party to Vacate a Rental Unit

Agreed - Rent is still due.

Amanda R. Kison, Esq.

Bentley & Bruning P.A.

783 South Orange Ave.

3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

http://www.bentleyandbruning.com/ www.bentleyandbruning.com

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org On Behalf Of Eric Jacobs
Sent: Monday, June 17, 2019 3:37 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring
a Party to Vacate a Rental Unit

Rent is still due.

Get Outlook for iOS https://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org on behalf of Jordan M Brill
jordan@glachmanbrill.com
Sent: Monday, June 17, 2019 3:31:53 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a
Party to Vacate a Rental Unit

What are everyone's thoughts regarding when two individuals are tenants
under a lease, and Tenant "A" gets a domestic injunction against Tenant "B"
which requires Tenant "B" to vacate the unit? How does the injunction
affect Tenant B's responsibilities to pay rent under the lease? I have seen
it happen three times now, where a tenant is evicted by a domestic
injunction without a hearing, and the landlord is still demanding rent,
despite the tenant being subject to arrest for entering the unit.

Thanks,

Jordan

Jordan Marcus Brill, Esq.

Glachman & Brill, P.A.

6421 Congress Ave., Suite 120

Boca Raton, FL 33487

(561)859-0679

mailto:jordan@glachmanbrill.com jordan@glachmanbrill.com

http://www.glachmanbrill.com/ www.glachmanbrill.com

The information contained in this email message is intended for review and
use of the senders intended recipient and no other. Any recipient or reader
of this email that is not an intended recipient or reader is hereby
notified that any dissemination, distribution or copying of this
communication is strictly prohibited; any wrongful dissemination or receipt
shall not constitute a waiver of any privilege held by the sender or any
intended recipient or client of the sender. If you have received this
communication in error, please immediately notify us via email directed to
jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the
original message and all copies thereof and related communications thereto.
Thank you.

Mike, You had one county court judge in Jacksonville hold this and now "it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent." ??? What other judges have held this? Harry Heist 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 Mike Davis Sent: Monday, June 17, 2019 4:52 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit I also agree and point out the both lease signers have joint and severable liability under the lease, regardless of one lease signer's inability to use the premises. Another point of interest, I caution that the excluded tenant will want to get out of the lease. If a landlord enters into any termination or release agreement with the excluded tenant, it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent. I had a landlord do just this in Jax some years ago and that was the judge's holding on a 3Day eviction of the remaining tenant. Mike The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Amanda Kison Sent: Monday, June 17, 2019 4:06 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Agreed - Rent is still due. Amanda R. Kison, Esq. Bentley & Bruning P.A. 783 South Orange Ave. 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) <http://www.bentleyandbruning.com/> www.bentleyandbruning.com From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Eric Jacobs Sent: Monday, June 17, 2019 3:37 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Rent is still due. Get Outlook for iOS <https://aka.ms/o0ukef> _____ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Jordan M Brill <jordan@glachmanbrill.com> Sent: Monday, June 17, 2019 3:31:53 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit. Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 <mailto:jordan@glachmanbrill.com> jordan@glachmanbrill.com <http://www.glachmanbrill.com/> www.glachmanbrill.com The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

HL

Horky Law

Mon, Jun 17, 2019 9:20 PM

I think its analogous to whether a tenant still owes rent if they are in jail. If that tenant commits a crime and is in jail;, the landlord is not required to abate the rent and hold the premises open while the tenant spends 60 days in the clinker. In my opinion, I say yes, the tenant's constructive dispossession by the restraining order should not void the contract thereby releasing the tenant from his or her contractual obligations. As for any agreement between the two tenants to share in paying the rent, says 50/50, that was not an agreement the landlord entered into. The lease has two signors and both are jointly and severally liable for the full amount of rent each month.

[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.bocabusinesslawyer.com http://www.bocabusinesslawyer.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: ahorky@horkylaw.com mailto: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 Jordan M Brill
Sent: Monday, June 17, 2019 3:32 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit.

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com
www.glachmanbrill.com http://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

I think its analogous to whether a tenant still owes rent if they are in jail. If that tenant commits a crime and is in jail;, the landlord is not required to abate the rent and hold the premises open while the tenant spends 60 days in the clinker. In my opinion, I say yes, the tenant's constructive dispossession by the restraining order should not void the contract thereby releasing the tenant from his or her contractual obligations. As for any agreement between the two tenants to share in paying the rent, says 50/50, that was not an agreement the landlord entered into. The lease has two signors and both are jointly and severally liable for the full amount of rent each month. [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.bocabusinesslawyer.com<http://www.bocabusinesslawyer.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: ahorky@horkylaw.com<mailto: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 Jordan M Brill Sent: Monday, June 17, 2019 3:32 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit. Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.

MD

Mike Davis

Mon, Jun 17, 2019 9:37 PM

So let's just put it as "in my opinion there's a risk that a judge might...". That should limit it enough.

Mike

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Monday, June 17, 2019 5:00 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

Mike,

You had one county court judge in Jacksonville hold this and now "it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent." ???

What other judges have held this?

Harry Heist

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@01D52533.2D02B690]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 [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Mike Davis
Sent: Monday, June 17, 2019 4:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

I also agree and point out the both lease signers have joint and severable liability under the lease, regardless of one lease signer's inability to use the premises. Another point of interest, I caution that the excluded tenant will want to get out of the lease. If a landlord enters into any termination or release agreement with the excluded tenant, it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent. I had a landlord do just this in Jax some years ago and that was the judge's holding on a 3Day eviction of the remaining tenant.

Mike

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Amanda Kison
Sent: Monday, June 17, 2019 4:06 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

Agreed - Rent is still due.

Amanda R. Kison, Esq.
Bentley & Bruning P.A.
783 South Orange Ave.
3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.com http://www.bentleyandbruning.com/

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Eric Jacobs
Sent: Monday, June 17, 2019 3:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

Rent is still due.

Get Outlook for iOShttps://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Jordan M Brill <jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com>
Sent: Monday, June 17, 2019 3:31:53 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit.

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com mailto:jordan@glachmanbrill.com
www.glachmanbrill.com http://www.glachmanbrill.com/

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So let's just put it as "in my opinion there's a risk that a judge might...". That should limit it enough. Mike The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist Sent: Monday, June 17, 2019 5:00 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Mike, You had one county court judge in Jacksonville hold this and now "it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent." ??? What other judges have held this? Harry Heist 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@01D52533.2D02B690]<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> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Mike Davis Sent: Monday, June 17, 2019 4:52 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit I also agree and point out the both lease signers have joint and severable liability under the lease, regardless of one lease signer's inability to use the premises. Another point of interest, I caution that the excluded tenant will want to get out of the lease. If a landlord enters into any termination or release agreement with the excluded tenant, it's interpreted by judges as the landlord releasing not only the excluded tenant but also waiving one half of the rent. I had a landlord do just this in Jax some years ago and that was the judge's holding on a 3Day eviction of the remaining tenant. Mike The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of Amanda Kison Sent: Monday, June 17, 2019 4:06 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Agreed - Rent is still due. Amanda R. Kison, Esq. Bentley & Bruning P.A. 783 South Orange Ave. 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.bentleyandbruning.com<http://www.bentleyandbruning.com/> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of Eric Jacobs Sent: Monday, June 17, 2019 3:37 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit Rent is still due. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Jordan M Brill <jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com>> Sent: Monday, June 17, 2019 3:31:53 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit What are everyone's thoughts regarding when two individuals are tenants under a lease, and Tenant "A" gets a domestic injunction against Tenant "B" which requires Tenant "B" to vacate the unit? How does the injunction affect Tenant B's responsibilities to pay rent under the lease? I have seen it happen three times now, where a tenant is evicted by a domestic injunction without a hearing, and the landlord is still demanding rent, despite the tenant being subject to arrest for entering the unit. Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.