Empathy List Archives

J

jeff (at) eannarinolaw.com

Thu, Apr 9, 2020 4:32 PM

I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com mailto:eService@eannarinolaw.com

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CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Monday, April 6, 2020 4:29 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Evictions still being filed??

This is bizarre. Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened.

We won’t dare do it at this point.

What the heck is happening?

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

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.

I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com <mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com <mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist Sent: Monday, April 6, 2020 4:29 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Evictions still being filed?? This is bizarre. Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened. We won’t dare do it at this point. What the heck is happening? 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> 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

Thu, Apr 9, 2020 4:52 PM

I have been dealing with a load of these.

I am making a recommendation to my clients to let the tenant out and return the money.

As to the law, I have no clue, but, “What would a judge do”?

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 jeff@eannarinolaw.com
Sent: Thursday, April 09, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

EBLUE - 25%Email Footer 50%

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com

A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

I have been dealing with a load of these. I am making a recommendation to my clients to let the tenant out and return the money. As to the law, I have no clue, but, “What would a judge do”? 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 jeff@eannarinolaw.com Sent: Thursday, April 09, 2020 12:32 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law EBLUE - 25%Email Footer 50% 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com For Service of Documents, please email: eService@eannarinolaw.com A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

B

bob (at) robertschwartzpa.com

Thu, Apr 9, 2020 4:53 PM

If the lease has the quoted language I believe the tenant has a right to cancel

Bob Schwartz
Robert Marc Schwartz, P.A.
Florida Bar Board Certified Real Estate Lawyer
4700 NW Boca Raton Blvd. Suite 104
Boca Raton, FL 33431
Phone (561) 241-1850
Fax (561) 241-1845
Bob@robertschwartzpa.com
www.robertschwartzpa.com
Sent from my iPhone

On Apr 9, 2020, at 12:35 PM, jeff@eannarinolaw.com wrote:

I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino
Attorney at Law

<image001.jpg>
<image002.jpg>

500 S. Australian Ave., Fifth Floor
West Palm Beach, FL 33401
Telephone: (561) 935-9024
Fax: (561) 935-9022
Email: Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com

A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Monday, April 6, 2020 4:29 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Evictions still being filed??

This is bizarre. Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened.

We won’t dare do it at this point.

What the heck is happening?

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
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

If the lease has the quoted language I believe the tenant has a right to cancel Bob Schwartz Robert Marc Schwartz, P.A. Florida Bar Board Certified Real Estate Lawyer 4700 NW Boca Raton Blvd. Suite 104 Boca Raton, FL 33431 Phone (561) 241-1850 Fax (561) 241-1845 Bob@robertschwartzpa.com www.robertschwartzpa.com Sent from my iPhone > On Apr 9, 2020, at 12:35 PM, jeff@eannarinolaw.com wrote: > > > I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. > > Respectfully, > > Jeff > > Jeffrey S. Eannarino > Attorney at Law > > <image001.jpg> > <image002.jpg> > > 500 S. Australian Ave., Fifth Floor > West Palm Beach, FL 33401 > Telephone: (561) 935-9024 > Fax: (561) 935-9022 > Email: Jeff@eannarinolaw.com > For Service of Documents, please email: eService@eannarinolaw.com > > A Referral is the Biggest Compliment You Can Give Our Law Firm. > ------ > Please consider the environment before printing this e-mail. > > CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you. > > From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist > Sent: Monday, April 6, 2020 4:29 PM > To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> > Subject: [RPPTL LandTen] Evictions still being filed?? > > This is bizarre. Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened. > > We won’t dare do it at this point. > > What the heck is happening? > > Harry > > LAW OFFICES OF > HEIST, WEISSE, & WOLK P.A. > PH: 1 800 253 8428 > FAX: 1 800 367 9038 > "Serving the Property Management Professional" > Website: www.evict.com > Email: harry@evict.com > 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

WH

Wulf, Henry

Thu, Apr 9, 2020 5:00 PM

What does the entire force majeure provision state? I was under the impression that FM only suspends performance during the FM event. Unless the specific provision provides otherwise, I do not think that the party, whose performance is prevented due to the FM event, has the right to totally cancel the contract at issue. Not 100% sure – did not research.

[Carlton Fields]
Henry Wulf
Attorney at Law

CityPlace Tower
525 Okeechobee Blvd., Ste. 1200
West Palm Beach, Florida 33401-6350
Direct: 561.650.8042 | Fax: 561.659.7368

hwulf@carltonfields.com mailto:hwulf@carltonfields.com | www.carltonfields.com http://www.carltonfields.com
biohttps://www.carltonfields.com/team/w/henry-s-wulf |vcardhttps://www.carltonfields.com/Libraries/CarltonFields/Media/Attorney%20Vcards/Henry-S-Wulf.vcf?ext=.vcf |LinkedInhttp://www.linkedin.com/pub/henry-wulf/a/66/828

COVID-19 NOTICE: Carlton Fields is committed to the health and safety of our clients, employees, families, and communities. We are continually monitoring updates regarding the coronavirus and following the guidance of local, state, and federal authorities. All our offices are “open for business”’ at this time although in some jurisdictions we are operating only remotely. Across our offices, we have limited all “non-essential” in-person meetings. Our firm will remain fully functional during this time and we are available by email and phone. We will communicate updates as circumstances unfold.

Carlton Fields is ISO 27001:2013 certified.

Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of jeff@eannarinolaw.com
Sent: Thursday, April 9, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino
Attorney at Law

[EBLUE - 25%][Email Footer 50%]

500 S. Australian Ave., Fifth Floor
West Palm Beach, FL 33401
Telephone: (561) 935-9024
Fax: (561) 935-9022
Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com mailto:eService@eannarinolaw.com
A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. 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 Harry Heist
Sent: Monday, April 6, 2020 4:29 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Evictions still being filed??

This is bizarre. Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened.

We won’t dare do it at this point.

What the heck is happening?

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
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 does the entire force majeure provision state? I was under the impression that FM only suspends performance during the FM event. Unless the specific provision provides otherwise, I do not think that the party, whose performance is prevented due to the FM event, has the right to totally cancel the contract at issue. Not 100% sure – did not research. [Carlton Fields] Henry Wulf Attorney at Law CityPlace Tower 525 Okeechobee Blvd., Ste. 1200 West Palm Beach, Florida 33401-6350 Direct: 561.650.8042 | Fax: 561.659.7368 hwulf@carltonfields.com<mailto:hwulf@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com> bio<https://www.carltonfields.com/team/w/henry-s-wulf> |vcard<https://www.carltonfields.com/Libraries/CarltonFields/Media/Attorney%20Vcards/Henry-S-Wulf.vcf?ext=.vcf> |LinkedIn<http://www.linkedin.com/pub/henry-wulf/a/66/828> COVID-19 NOTICE: Carlton Fields is committed to the health and safety of our clients, employees, families, and communities. We are continually monitoring updates regarding the coronavirus and following the guidance of local, state, and federal authorities. All our offices are “open for business”’ at this time although in some jurisdictions we are operating only remotely. Across our offices, we have limited all “non-essential” in-person meetings. Our firm will remain fully functional during this time and we are available by email and phone. We will communicate updates as circumstances unfold. Carlton Fields is ISO 27001:2013 certified. Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of jeff@eannarinolaw.com Sent: Thursday, April 9, 2020 12:32 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law [EBLUE - 25%][Email Footer 50%] 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com<mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com<mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. 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 Harry Heist Sent: Monday, April 6, 2020 4:29 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: [RPPTL LandTen] Evictions still being filed?? This is bizarre. Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened. We won’t dare do it at this point. What the heck is happening? 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> 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.

JP

Joseph P. George Jr.

Thu, Apr 9, 2020 5:05 PM

As a former magistrate I would consider that a pandemic is far greater than an mere (sic) epidemic.

Joseph P. George, Jr., Esq.

Joseph P. George, Jr., P.A.

Dadeland Professional Building

9655 South Dixie Highway

Suite 112

Miami, Florida 33156

Telephone: 305-670-6706

Fax: 305-670-2048

Toll Free: 1-888-612-5545

Cell: 305-301-5496

Email: joepgeorge@aol.com

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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Thursday, April 09, 2020 12:53 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have been dealing with a load of these.

I am making a recommendation to my clients to let the tenant out and return the money.

As to the law, I have no clue, but, “What would a judge do”?

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

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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com
Sent: Thursday, April 09, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com mailto:eService@eannarinolaw.com

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As a former magistrate I would consider that a pandemic is far greater than an mere (sic) epidemic. Joseph P. George, Jr., Esq. Joseph P. George, Jr., P.A. Dadeland Professional Building 9655 South Dixie Highway Suite 112 Miami, Florida 33156 Telephone: 305-670-6706 Fax: 305-670-2048 Toll Free: 1-888-612-5545 Cell: 305-301-5496 Email: joepgeorge@aol.com If you have an urgent message or if you have not heard from me in response to your e-mail, telephone me. Please do not assume your e-mail has been received. NOTICE OF CONFIDENTIALITY: This e-mail together with any attachments, is confidential and protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. It is intended only for the recipient(s) named above and may contain information that is privileged, protected as attorney work product or otherwise exempt from disclosure under applicable law. If you have received this e-mail in error, or are not the named recipient(s), you are hereby notified that any use, dissemination, distribution, or copying of this e-mail, any of its contents or any attachments is strictly prohibited. Please immediately notify the sender at <mailto:JoePGeorge@AOL.com> JoePGeorge@AOL.com and delete this e-mail and any attachments from your computer. You should not retain, copy or use this e-mail or any attachments for any purpose, or disclose all or any part of the contents to any person or entity. IRS CIRCULAR 230 NOTICE: To comply with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachment) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (including any attachment). P Please consider the environment before printing this e-mail. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist Sent: Thursday, April 09, 2020 12:53 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I have been dealing with a load of these. I am making a recommendation to my clients to let the tenant out and return the money. As to the law, I have no clue, but, “What would a judge do”? 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> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of jeff@eannarinolaw.com <mailto:jeff@eannarinolaw.com> Sent: Thursday, April 09, 2020 12:32 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com <mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com <mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

J

jeff (at) eannarinolaw.com

Thu, Apr 9, 2020 5:06 PM

Thanks Harry;

I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com mailto:eService@eannarinolaw.com

A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Thursday, April 9, 2020 12:53 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have been dealing with a load of these.

I am making a recommendation to my clients to let the tenant out and return the money.

As to the law, I have no clue, but, “What would a judge do”?

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 [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com
Sent: Thursday, April 09, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com

A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

Thanks Harry; I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com <mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com <mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist Sent: Thursday, April 9, 2020 12:53 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I have been dealing with a load of these. I am making a recommendation to my clients to let the tenant out and return the money. As to the law, I have no clue, but, “What would a judge do”? 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> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of jeff@eannarinolaw.com <mailto:jeff@eannarinolaw.com> Sent: Thursday, April 09, 2020 12:32 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com <mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

JM

Jordan M Brill

Thu, Apr 9, 2020 5:13 PM

I have always been curious what theory attorneys use to support the position that a landlord is entitled to keep a security deposit, under the standard lease for a residential property, if the tenant terminates the lease prior to the start of the lease. The landlord has not provided any consideration and not tendered possession of the property. There is no provision in the Florida bar standard residential lease which allows the landlord to retain the security deposit. This is different from a far bar sale contract which explicitly sets forth what happens in the event of a default with respect to the deposit.

*sent via mobile phone

Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@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.

On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.com wrote:
Thanks Harry;
I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic.

Respectfully,

Jeff

Jeffrey S. Eannarino
Attorney at Law

[EBLUE - 25%][Email Footer 50%]

500 S. Australian Ave., Fifth Floor
West Palm Beach, FL 33401
Telephone: (561) 935-9024
Fax: (561) 935-9022
Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com mailto:eService@eannarinolaw.com
A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Thursday, April 9, 2020 12:53 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have been dealing with a load of these.

I am making a recommendation to my clients to let the tenant out and return the money.

As to the law, I have no clue, but, “What would a judge do”?

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:image003.png@01D60E6F.740AEC80]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 jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com
Sent: Thursday, April 09, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino
Attorney at Law

[EBLUE - 25%][Email Footer 50%]

500 S. Australian Ave., Fifth Floor
West Palm Beach, FL 33401
Telephone: (561) 935-9024
Fax: (561) 935-9022
Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com mailto:eService@eannarinolaw.com
A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

I have always been curious what theory attorneys use to support the position that a landlord is entitled to keep a security deposit, under the standard lease for a residential property, if the tenant terminates the lease prior to the start of the lease. The landlord has not provided any consideration and not tendered possession of the property. There is no provision in the Florida bar standard residential lease which allows the landlord to retain the security deposit. This is different from a far bar sale contract which explicitly sets forth what happens in the event of a default with respect to the deposit. *sent via mobile phone Jordan Marcus Brill, Esq. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@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. On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.com wrote: Thanks Harry; I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law [EBLUE - 25%][Email Footer 50%] 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com<mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com<mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist Sent: Thursday, April 9, 2020 12:53 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I have been dealing with a load of these. I am making a recommendation to my clients to let the tenant out and return the money. As to the law, I have no clue, but, “What would a judge do”? 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:image003.png@01D60E6F.740AEC80]<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 jeff@eannarinolaw.com<mailto:jeff@eannarinolaw.com> Sent: Thursday, April 09, 2020 12:32 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law [EBLUE - 25%][Email Footer 50%] 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com<mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com<mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

J

jeff (at) eannarinolaw.com

Thu, Apr 9, 2020 5:13 PM

Thanks Henry;

Good point and why I asked for feedback. We are talking about a large apartment building with shared elevator, hallways and common facilities. If a doctor tells someone not to go out in public, then I think that person has a legit argument they are excused from the event of moving and taking possession. My understanding of a pandemic is that it is an epidemic on steroids. Here is the provision:

FORCE MAJEURE: If we are prevented from completing

performances of any obligations hereunder by an act of God, strikes,

epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado,

sabotage, or other occurrence which is beyond the control of the

parties, then we shall be excused from any further performance of

obligations and undertakings hereunder, to the full extent allowed

under applicable law.

Furthermore, if such an event damages the property to materially

affect its habitability by some or all residents, we reserve the right

to vacate any and all leases and you agree to excuse us from any

further performance of obligations and undertakings hereunder,

to the full extent allowed under applicable law.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Wulf, Henry
Sent: Thursday, April 9, 2020 1:00 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

What does the entire force majeure provision state? I was under the impression that FM only suspends performance during the FM event. Unless the specific provision provides otherwise, I do not think that the party, whose performance is prevented due to the FM event, has the right to totally cancel the contract at issue. Not 100% sure – did not research.

Henry Wulf
Attorney at Law

CityPlace Tower
525 Okeechobee Blvd., Ste. 1200
West Palm Beach, Florida 33401-6350
Direct: 561.650.8042 | Fax: 561.659.7368

hwulf@carltonfields.com mailto:hwulf@carltonfields.com | www.carltonfields.com http://www.carltonfields.com
bio https://www.carltonfields.com/team/w/henry-s-wulf |vcard https://www.carltonfields.com/Libraries/CarltonFields/Media/Attorney%20Vcards/Henry-S-Wulf.vcf?ext=.vcf |LinkedIn http://www.linkedin.com/pub/henry-wulf/a/66/828

COVID-19 NOTICE: Carlton Fields is committed to the health and safety of our clients, employees, families, and communities. We are continually monitoring updates regarding the coronavirus and following the guidance of local, state, and federal authorities. All our offices are “open for business”’ at this time although in some jurisdictions we are operating only remotely. Across our offices, we have limited all “non-essential” in-person meetings. Our firm will remain fully functional during this time and we are available by email and phone. We will communicate updates as circumstances unfold.

Carlton Fields is ISO 27001:2013 certified.

Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.

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 jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com
Sent: Thursday, April 9, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com mailto:eService@eannarinolaw.com

A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. 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 Harry Heist
Sent: Monday, April 6, 2020 4:29 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Subject: [RPPTL LandTen] Evictions still being filed??

This is bizarre. Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened.

We won’t dare do it at this point.

What the heck is happening?

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

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.

Thanks Henry; Good point and why I asked for feedback. We are talking about a large apartment building with shared elevator, hallways and common facilities. If a doctor tells someone not to go out in public, then I think that person has a legit argument they are excused from the event of moving and taking possession. My understanding of a pandemic is that it is an epidemic on steroids. Here is the provision: FORCE MAJEURE: If we are prevented from completing performances of any obligations hereunder by an act of God, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage, or other occurrence which is beyond the control of the parties, then we shall be excused from any further performance of obligations and undertakings hereunder, to the full extent allowed under applicable law. Furthermore, if such an event damages the property to materially affect its habitability by some or all residents, we reserve the right to vacate any and all leases and you agree to excuse us from any further performance of obligations and undertakings hereunder, to the full extent allowed under applicable law. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com <mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com <mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Wulf, Henry Sent: Thursday, April 9, 2020 1:00 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure What does the entire force majeure provision state? I was under the impression that FM only suspends performance during the FM event. Unless the specific provision provides otherwise, I do not think that the party, whose performance is prevented due to the FM event, has the right to totally cancel the contract at issue. Not 100% sure – did not research. Henry Wulf Attorney at Law CityPlace Tower 525 Okeechobee Blvd., Ste. 1200 West Palm Beach, Florida 33401-6350 Direct: 561.650.8042 | Fax: 561.659.7368 hwulf@carltonfields.com <mailto:hwulf@carltonfields.com> | www.carltonfields.com <http://www.carltonfields.com> bio <https://www.carltonfields.com/team/w/henry-s-wulf> |vcard <https://www.carltonfields.com/Libraries/CarltonFields/Media/Attorney%20Vcards/Henry-S-Wulf.vcf?ext=.vcf> |LinkedIn <http://www.linkedin.com/pub/henry-wulf/a/66/828> COVID-19 NOTICE: Carlton Fields is committed to the health and safety of our clients, employees, families, and communities. We are continually monitoring updates regarding the coronavirus and following the guidance of local, state, and federal authorities. All our offices are “open for business”’ at this time although in some jurisdictions we are operating only remotely. Across our offices, we have limited all “non-essential” in-person meetings. Our firm will remain fully functional during this time and we are available by email and phone. We will communicate updates as circumstances unfold. Carlton Fields is ISO 27001:2013 certified. Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery. 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 jeff@eannarinolaw.com <mailto:jeff@eannarinolaw.com> Sent: Thursday, April 9, 2020 12:32 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> > Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I’d like to get the group’s thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com <mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com <mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. 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 Harry Heist Sent: Monday, April 6, 2020 4:29 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> > Subject: [RPPTL LandTen] Evictions still being filed?? This is bizarre. Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened. We won’t dare do it at this point. What the heck is happening? 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> 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.

J

jeff (at) eannarinolaw.com

Thu, Apr 9, 2020 5:22 PM

Thanks Jordan;

No money exchanged hands because it's not yet due. Tenant paid an
application fee only.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com
mailto:eService@eannarinolaw.com

A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this
communication are legally privileged and confidential information, subject
to the attorney-client privilege, and intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any use, disclosure,
distribution or copying of this communication or any part thereof is
strictly prohibited and may be unlawful. If you have received this
communication in error, please notify us immediately by telephone and return
the original message to us at the above listed address via e-mail. Please
permanently remove any copies of this message, including attachments from
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or otherwise. Thank you.

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org On Behalf Of Jordan M Brill
Sent: Thursday, April 9, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have always been curious what theory attorneys use to support the position
that a landlord is entitled to keep a security deposit, under the standard
lease for a residential property, if the tenant terminates the lease prior
to the start of the lease. The landlord has not provided any consideration
and not tendered possession of the property. There is no provision in the
Florida bar standard residential lease which allows the landlord to retain
the security deposit. This is different from a far bar sale contract which
explicitly sets forth what happens in the event of a default with respect to
the deposit.

*sent via mobile phone

Jordan Marcus Brill, Esq.
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.

On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com
wrote:

Thanks Harry;

I sense a judge may not be happy seeing a plaintiff in court trying to
extort 2 month rent penalty from a tenant where contract language clearly
provides for excusal of an obligation due to epidemic.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com
mailto:eService@eannarinolaw.com

A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this
communication are legally privileged and confidential information, subject
to the attorney-client privilege, and intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any use, disclosure,
distribution or copying of this communication or any part thereof is
strictly prohibited and may be unlawful. If you have received this
communication in error, please notify us immediately by telephone and return
the original message to us at the above listed address via e-mail. Please
permanently remove any copies of this message, including attachments from
your system and do not retain a copy, whether in electronic or physical form
or otherwise. 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 Harry Heist
Sent: Thursday, April 9, 2020 12:53 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org
mailto:landten@lists.flabarrpptl.org >
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have been dealing with a load of these.

I am making a recommendation to my clients to let the tenant out and return
the money.

As to the law, I have no clue, but, "What would a judge do"?

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
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
jeff@eannarinolaw.com mailto:jeff@eannarinolaw.com
Sent: Thursday, April 09, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I'd like to get the group's thoughts on force majeure. T & LL sign a lease
in early March with move in date of mid-May. T suffers from an immune
deficiency and has been instructed by his doctor to stay put at home. T
sends a notice of cancellation on April 1 only to be told by LL that they
are not letting T out of lease without a two month pre-payment penalty or
they are willing to defer move in 30 days. Lease has force majeure
provision that provides a party shall be excused from their performance
obligations in instances for epidemics.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com mailto:Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com
mailto:eService@eannarinolaw.com

A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this
communication are legally privileged and confidential information, subject
to the attorney-client privilege, and intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any use, disclosure,
distribution or copying of this communication or any part thereof is
strictly prohibited and may be unlawful. If you have received this
communication in error, please notify us immediately by telephone and return
the original message to us at the above listed address via e-mail. Please
permanently remove any copies of this message, including attachments from
your system and do not retain a copy, whether in electronic or physical form
or otherwise. Thank you.

Thanks Jordan; No money exchanged hands because it's not yet due. Tenant paid an application fee only. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com <mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com <mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill Sent: Thursday, April 9, 2020 1:13 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I have always been curious what theory attorneys use to support the position that a landlord is entitled to keep a security deposit, under the standard lease for a residential property, if the tenant terminates the lease prior to the start of the lease. The landlord has not provided any consideration and not tendered possession of the property. There is no provision in the Florida bar standard residential lease which allows the landlord to retain the security deposit. This is different from a far bar sale contract which explicitly sets forth what happens in the event of a default with respect to the deposit. *sent via mobile phone Jordan Marcus Brill, Esq. 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. On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.com <mailto:jeff@eannarinolaw.com> wrote: Thanks Harry; I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com <mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com <mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. 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 Harry Heist Sent: Thursday, April 9, 2020 12:53 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> > Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I have been dealing with a load of these. I am making a recommendation to my clients to let the tenant out and return the money. As to the law, I have no clue, but, "What would a judge do"? 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> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of jeff@eannarinolaw.com <mailto:jeff@eannarinolaw.com> Sent: Thursday, April 09, 2020 12:32 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I'd like to get the group's thoughts on force majeure. T & LL sign a lease in early March with move in date of mid-May. T suffers from an immune deficiency and has been instructed by his doctor to stay put at home. T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days. Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com <mailto:Jeff@eannarinolaw.com> For Service of Documents, please email: eService@eannarinolaw.com <mailto:eService@eannarinolaw.com> A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.

HH

Harry Heist

Thu, Apr 9, 2020 5:24 PM

The tenant may have terminated the tenancy but the rent obligation comes
from the lease. Just like if you evict someone, you are terminating the
tenancy, not the lease. Am I off on this?

There is no auto forfeiture of the security deposit provided for in the
statute. Once the lease date begins, if there is no new tenant in there,
the tenant owes rent which of course is not paid, thus can be deducted from
the Security Deposit after proper claim letter sent etc

If a landlord were to find a new tenant that moved in at the lease start
date, I feel the landlord would need to refund the deposit in full.

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

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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jordan M Brill
Sent: Thursday, April 09, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have always been curious what theory attorneys use to support the position
that a landlord is entitled to keep a security deposit, under the standard
lease for a residential property, if the tenant terminates the lease prior
to the start of the lease. The landlord has not provided any consideration
and not tendered possession of the property. There is no provision in the
Florida bar standard residential lease which allows the landlord to retain
the security deposit. This is different from a far bar sale contract which
explicitly sets forth what happens in the event of a default with respect to
the deposit.

*sent via mobile phone

Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com
www.glachmanbrill.com

The information contained in this email message is intended for review and
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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
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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.

On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.com wrote:

Thanks Harry;

I sense a judge may not be happy seeing a plaintiff in court trying to
extort 2 month rent penalty from a tenant where contract language clearly
provides for excusal of an obligation due to epidemic.

Respectfully,

Jeff

Jeffrey S. Eannarino

Attorney at Law

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500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff@eannarinolaw.com
For Service of Documents, please email: eService@eannarinolaw.com

A Referral is the Biggest Compliment You Can Give Our Law Firm.

Please consider the environment before printing this e-mail.

CONFIDENTIALITY NOTICE: The information and attachments contained in this
communication are legally privileged and confidential information, subject
to the attorney-client privilege, and intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any use, disclosure,
distribution or copying of this communication or any part thereof is
strictly prohibited and may be unlawful. If you have received this
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the original message to us at the above listed address via e-mail. Please
permanently remove any copies of this message, including attachments from
your system and do not retain a copy, whether in electronic or physical form
or otherwise. Thank you.

The tenant may have terminated the tenancy but the rent obligation comes from the lease. Just like if you evict someone, you are terminating the tenancy, not the lease. Am I off on this? There is no auto forfeiture of the security deposit provided for in the statute. Once the lease date begins, if there is no new tenant in there, the tenant owes rent which of course is not paid, thus can be deducted from the Security Deposit after proper claim letter sent etc If a landlord were to find a new tenant that moved in at the lease start date, I feel the landlord would need to refund the deposit in full. 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 Jordan M Brill Sent: Thursday, April 09, 2020 1:13 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure I have always been curious what theory attorneys use to support the position that a landlord is entitled to keep a security deposit, under the standard lease for a residential property, if the tenant terminates the lease prior to the start of the lease. The landlord has not provided any consideration and not tendered possession of the property. There is no provision in the Florida bar standard residential lease which allows the landlord to retain the security deposit. This is different from a far bar sale contract which explicitly sets forth what happens in the event of a default with respect to the deposit. *sent via mobile phone Jordan Marcus Brill, Esq. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@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. On Apr 9, 2020 1:08 PM, jeff@eannarinolaw.com wrote: Thanks Harry; I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic. Respectfully, Jeff Jeffrey S. Eannarino Attorney at Law EBLUE - 25%Email Footer 50% 500 S. Australian Ave., Fifth Floor West Palm Beach, FL 33401 Telephone: (561) 935-9024 Fax: (561) 935-9022 Email: Jeff@eannarinolaw.com For Service of Documents, please email: eService@eannarinolaw.com A Referral is the Biggest Compliment You Can Give Our Law Firm. ------ Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.