Empathy List Archives

HH

Harry Heist

Tue, Nov 24, 2015 7:36 PM

Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies.

I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee.

The statute at issue is FS 501.0117

Brian Wolk has stated that this is in the Federal Courts.

Does anyone have any guidance?

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.

Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies. I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee. The statute at issue is FS 501.0117 Brian Wolk has stated that this is in the Federal Courts. Does anyone have any guidance? 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.

P

pat (at) hoganlegalservices.com

Sun, Dec 4, 2016 8:41 PM

What is the update on a landlord fees/charges/surcharges for credit card use to pay monthly rent?

Are more landlords now passing along a fee? I understood the FL AG to have lost in 11th Cir, and petitioned for Cert. which was not granted.

Thoughts from the group???

Thank you.

Patrick T. Hogan, Esq.

Hogan Legal Services, P.A.

Pat@HoganLegalServices.com

(941)952-5000

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of Harry Heist harry@evict.com
Sent: Tuesday, November 24, 2015 2:36:58 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Convenience fees and charges

Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies.

I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee.

The statute at issue is FS 501.0117

Brian Wolk has stated that this is in the Federal Courts.

Does anyone have any guidance?

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:image004.png@01D126C5.92E06F90]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.

What is the update on a landlord fees/charges/surcharges for credit card use to pay monthly rent? Are more landlords now passing along a fee? I understood the FL AG to have lost in 11th Cir, and petitioned for Cert. which was not granted. Thoughts from the group??? Thank you. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com (941)952-5000 ________________________________ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Harry Heist <harry@evict.com> Sent: Tuesday, November 24, 2015 2:36:58 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Convenience fees and charges Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies. I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee. The statute at issue is FS 501.0117 Brian Wolk has stated that this is in the Federal Courts. Does anyone have any guidance? 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:image004.png@01D126C5.92E06F90]<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

Mon, Dec 5, 2016 12:48 PM

This is a massive issue for me as well.

I am seeing surcharges for use of Credit cards, discounts for ACH, charges
for ACH, charges for any online payments. Discounts for online payments,
convenience fees etc.

It is all over the map and is class action material.

We need guidance bad.

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
pat@hoganlegalservices.com
Sent: Sunday, December 04, 2016 3:41 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Convenience fees and charges

What is the update on a landlord fees/charges/surcharges for credit card use
to pay monthly rent?

Are more landlords now passing along a fee? I understood the FL AG to have
lost in 11th Cir, and petitioned for Cert. which was not granted.

Thoughts from the group???

Thank you.

Patrick T. Hogan, Esq.

Hogan Legal Services, P.A.

Pat@HoganLegalServices.com

(941)952-5000

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org on behalf of Harry Heist
harry@evict.com
Sent: Tuesday, November 24, 2015 2:36:58 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Convenience fees and charges

Many property managers are now using ACH and credit card payments for rent.
The vendors they use to process this often charge a fee plus of course the
recipient of the funds have to pay the 2-5% to the credit card companies.

I am constantly getting questions on whether this cost can be passed on to
the tenant by charging a higher amount or charging the tenant a convenience
fee.

The statute at issue is FS 501.0117

Brian Wolk has stated that this is in the Federal Courts.

Does anyone have any guidance?

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.

This is a massive issue for me as well. I am seeing surcharges for use of Credit cards, discounts for ACH, charges for ACH, charges for any online payments. Discounts for online payments, convenience fees etc. It is all over the map and is class action material. We need guidance bad. 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 pat@hoganlegalservices.com Sent: Sunday, December 04, 2016 3:41 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Convenience fees and charges What is the update on a landlord fees/charges/surcharges for credit card use to pay monthly rent? Are more landlords now passing along a fee? I understood the FL AG to have lost in 11th Cir, and petitioned for Cert. which was not granted. Thoughts from the group??? Thank you. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com (941)952-5000 _____ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Harry Heist <harry@evict.com> Sent: Tuesday, November 24, 2015 2:36:58 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Convenience fees and charges Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies. I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee. The statute at issue is FS 501.0117 Brian Wolk has stated that this is in the Federal Courts. Does anyone have any guidance? 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.

SJ

Sebastian Jaramillo

Tue, Dec 6, 2016 1:05 PM

Do you have the case that the FL AG lost at the 11th Circuit?

Best regards,

Sebastian Jaramillo, Esq.

Florida Board Certified in Real Estate Law

66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com

For payments please click here
https://secure.lawpay.com/pages/jblaw/operating.

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1986, as amended.

On Sun, Dec 4, 2016 at 3:41 PM, pat@hoganlegalservices.com <
pat@hoganlegalservices.com> wrote:

What is the update on a landlord fees/charges/surcharges for credit card
use to pay monthly rent?

Are more landlords now passing along a fee? I understood the FL AG to
have lost in 11th Cir, and petitioned for Cert. which was not granted.

Thoughts from the group???

Thank you.

Patrick T. Hogan, Esq.

Hogan Legal Services, P.A.

Pat@HoganLegalServices.com

(941)952-5000

From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.
flabarrpptl.org> on behalf of Harry Heist harry@evict.com
Sent: Tuesday, November 24, 2015 2:36:58 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Convenience fees and charges

Many property managers are now using ACH and credit card payments for
rent. The vendors they use to process this often charge a fee plus of
course the recipient of the funds have to pay the 2-5% to the credit card
companies.

I am constantly getting questions on whether this cost can be passed on to
the tenant by charging a higher amount or charging the tenant a convenience
fee.

The statute at issue is FS 501.0117

Brian Wolk has stated that this is in the Federal Courts.

Does anyone have any guidance?

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

Do you have the case that the FL AG lost at the 11th Circuit? Best regards, *Sebastian Jaramillo, Esq.* Florida Board Certified in Real Estate Law 66 W. Flagler St Suite 500 Miami, FL 33130 Tel: (305) 600-3805 Fax: (786) 347-5562 www.lawjb.com For payments please click here <https://secure.lawpay.com/pages/jblaw/operating>. 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 Sun, Dec 4, 2016 at 3:41 PM, pat@hoganlegalservices.com < pat@hoganlegalservices.com> wrote: > What is the update on a landlord fees/charges/surcharges for credit card > use to pay monthly rent? > > > Are more landlords now passing along a fee? I understood the FL AG to > have lost in 11th Cir, and petitioned for Cert. which was not granted. > > > Thoughts from the group??? > > > Thank you. > > > > > Patrick T. Hogan, Esq. > > Hogan Legal Services, P.A. > > Pat@HoganLegalServices.com > > (941)952-5000 > ------------------------------ > *From:* landten-bounces@lists.flabarrpptl.org <landten-bounces@lists. > flabarrpptl.org> on behalf of Harry Heist <harry@evict.com> > *Sent:* Tuesday, November 24, 2015 2:36:58 PM > *To:* 'RPPTL Landlord Tenant Committee' > *Subject:* [RPPTL LandTen] Convenience fees and charges > > > Many property managers are now using ACH and credit card payments for > rent. The vendors they use to process this often charge a fee plus of > course the recipient of the funds have to pay the 2-5% to the credit card > companies. > > > > I am constantly getting questions on whether this cost can be passed on to > the tenant by charging a higher amount or charging the tenant a convenience > fee. > > > > The statute at issue is FS 501.0117 > > > > Brian Wolk has stated that this is in the Federal Courts. > > > > Does anyone have any guidance? > > > > 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 >

P

pat (at) hoganlegalservices.com

Tue, Dec 6, 2016 4:21 PM

See attached rehearing denial. AG filed petition for cert with USSC, went to conference September 30, 2016 and no further action. Can find status on USSC web site.

Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat@HoganLegalServices.com

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of Sebastian Jaramillo sebastian@lawjb.com
Sent: Tuesday, December 6, 2016 8:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Convenience fees and charges

Do you have the case that the FL AG lost at the 11th Circuit?

Best regards,

Sebastian Jaramillo, Esq.

Florida Board Certified in Real Estate Law

[https://docs.google.com/a/lawjb.com/uc?id=0B9R1L9rA4kjsNmdOUDZ1RHk1dEE&export=download]

66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com http://www.lawjb.com

For payments please click herehttps://secure.lawpay.com/pages/jblaw/operating.

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 Sun, Dec 4, 2016 at 3:41 PM, pat@hoganlegalservices.com mailto:pat@hoganlegalservices.com <pat@hoganlegalservices.com mailto:pat@hoganlegalservices.com> wrote:

What is the update on a landlord fees/charges/surcharges for credit card use to pay monthly rent?

Are more landlords now passing along a fee? I understood the FL AG to have lost in 11th Cir, and petitioned for Cert. which was not granted.

Thoughts from the group???

Thank you.

Patrick T. Hogan, Esq.

Hogan Legal Services, P.A.

Pat@HoganLegalServices.com

(941)952-5000tel:%28941%29952-5000

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 Harry Heist <harry@evict.com mailto:harry@evict.com>
Sent: Tuesday, November 24, 2015 2:36:58 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Convenience fees and charges

Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies.

I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee.

The statute at issue is FS 501.0117

Brian Wolk has stated that this is in the Federal Courts.

Does anyone have any guidance?

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428tel:1%20800%20253%208428
FAX: 1 800 367 9038tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
[cid:image004.png@01D126C5.92E06F90]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

See attached rehearing denial. AG filed petition for cert with USSC, went to conference September 30, 2016 and no further action. Can find status on USSC web site. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com ________________________________ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Sebastian Jaramillo <sebastian@lawjb.com> Sent: Tuesday, December 6, 2016 8:05 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Convenience fees and charges Do you have the case that the FL AG lost at the 11th Circuit? Best regards, Sebastian Jaramillo, Esq. Florida Board Certified in Real Estate Law [https://docs.google.com/a/lawjb.com/uc?id=0B9R1L9rA4kjsNmdOUDZ1RHk1dEE&export=download] 66 W. Flagler St Suite 500 Miami, FL 33130 Tel: (305) 600-3805 Fax: (786) 347-5562 www.lawjb.com<http://www.lawjb.com> For payments please click here<https://secure.lawpay.com/pages/jblaw/operating>. 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 Sun, Dec 4, 2016 at 3:41 PM, pat@hoganlegalservices.com<mailto:pat@hoganlegalservices.com> <pat@hoganlegalservices.com<mailto:pat@hoganlegalservices.com>> wrote: What is the update on a landlord fees/charges/surcharges for credit card use to pay monthly rent? Are more landlords now passing along a fee? I understood the FL AG to have lost in 11th Cir, and petitioned for Cert. which was not granted. Thoughts from the group??? Thank you. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com (941)952-5000<tel:%28941%29952-5000> ________________________________ 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 Harry Heist <harry@evict.com<mailto:harry@evict.com>> Sent: Tuesday, November 24, 2015 2:36:58 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Convenience fees and charges Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies. I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee. The statute at issue is FS 501.0117 Brian Wolk has stated that this is in the Federal Courts. Does anyone have any guidance? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428<tel:1%20800%20253%208428> FAX: 1 800 367 9038<tel:1%20800%20367%209038> "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image004.png@01D126C5.92E06F90]<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

MD

Mike Davis

Tue, Dec 6, 2016 8:15 PM

Opinion attached.

Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of pat@hoganlegalservices.com
Sent: Tuesday, December 06, 2016 11:22 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Convenience fees and charges - 11th Circuit

See attached rehearing denial. AG filed petition for cert with USSC, went to conference September 30, 2016 and no further action. Can find status on USSC web site.

Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat@HoganLegalServices.com mailto:Pat@HoganLegalServices.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 Sebastian Jaramillo <sebastian@lawjb.com mailto:sebastian@lawjb.com>
Sent: Tuesday, December 6, 2016 8:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Convenience fees and charges

Do you have the case that the FL AG lost at the 11th Circuit?

Best regards,

Sebastian Jaramillo, Esq.

Florida Board Certified in Real Estate Law

[https://docs.google.com/a/lawjb.com/uc?id=0B9R1L9rA4kjsNmdOUDZ1RHk1dEE&export=download]

66 W. Flagler St Suite 500 Miami, FL 33130
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On Sun, Dec 4, 2016 at 3:41 PM, pat@hoganlegalservices.com mailto:pat@hoganlegalservices.com <pat@hoganlegalservices.com mailto:pat@hoganlegalservices.com> wrote:

What is the update on a landlord fees/charges/surcharges for credit card use to pay monthly rent?

Are more landlords now passing along a fee? I understood the FL AG to have lost in 11th Cir, and petitioned for Cert. which was not granted.

Thoughts from the group???

Thank you.

Patrick T. Hogan, Esq.

Hogan Legal Services, P.A.

Pat@HoganLegalServices.com mailto:Pat@HoganLegalServices.com

(941)952-5000tel:%28941%29952-5000

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 Harry Heist <harry@evict.com mailto:harry@evict.com>
Sent: Tuesday, November 24, 2015 2:36:58 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Convenience fees and charges

Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies.

I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee.

The statute at issue is FS 501.0117

Brian Wolk has stated that this is in the Federal Courts.

Does anyone have any guidance?

Harry

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Opinion attached. Michael Geo. F. Davis Attorney at Law The MGFD Law Firm PA Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 mike@mgfdlaw.com Primary Eservice: eservice@mgfdlaw.com 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. This e-mail and its attachments are confidential and intended to be protected by the attorney-client privilege and/or work product doctrine. Any use inconsistent with these protections, including unauthorized forwarding to third parties, is strictly prohibited. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of pat@hoganlegalservices.com Sent: Tuesday, December 06, 2016 11:22 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Convenience fees and charges - 11th Circuit See attached rehearing denial. AG filed petition for cert with USSC, went to conference September 30, 2016 and no further action. Can find status on USSC web site. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com<mailto:Pat@HoganLegalServices.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 Sebastian Jaramillo <sebastian@lawjb.com<mailto:sebastian@lawjb.com>> Sent: Tuesday, December 6, 2016 8:05 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Convenience fees and charges Do you have the case that the FL AG lost at the 11th Circuit? Best regards, Sebastian Jaramillo, Esq. Florida Board Certified in Real Estate Law [https://docs.google.com/a/lawjb.com/uc?id=0B9R1L9rA4kjsNmdOUDZ1RHk1dEE&export=download] 66 W. Flagler St Suite 500 Miami, FL 33130 Tel: (305) 600-3805 Fax: (786) 347-5562 www.lawjb.com<http://www.lawjb.com> For payments please click here<https://secure.lawpay.com/pages/jblaw/operating>. 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 Sun, Dec 4, 2016 at 3:41 PM, pat@hoganlegalservices.com<mailto:pat@hoganlegalservices.com> <pat@hoganlegalservices.com<mailto:pat@hoganlegalservices.com>> wrote: What is the update on a landlord fees/charges/surcharges for credit card use to pay monthly rent? Are more landlords now passing along a fee? I understood the FL AG to have lost in 11th Cir, and petitioned for Cert. which was not granted. Thoughts from the group??? Thank you. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com<mailto:Pat@HoganLegalServices.com> (941)952-5000<tel:%28941%29952-5000> ________________________________ 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 Harry Heist <harry@evict.com<mailto:harry@evict.com>> Sent: Tuesday, November 24, 2015 2:36:58 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Convenience fees and charges Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies. I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee. The statute at issue is FS 501.0117 Brian Wolk has stated that this is in the Federal Courts. Does anyone have any guidance? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428<tel:1%20800%20253%208428> FAX: 1 800 367 9038<tel:1%20800%20367%209038> "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01D24FD3.8E988660]<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