Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Ejectment/Unlawful Detainers??
Harry, suggests that the problem of occupants who do not belong and are not under a lease is so pervasive we should consider a legislative fix.
Can I get a sense from those that practice in this area if you agree and if so who would be willing to work on what is the appropriate fix.
Anthony Horky is working on an Action Line article on Ejectment and Unlawful Detainer and gave the committee a preview as our speaker at our last meeting. I have attached the materials Anthony provided. Anthony is there is a new revised set of materials please circulate.
Thank you.
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Tuesday, November 26, 2013 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Ejectment/Unlawful Detainers??
We have been bombarded with cases where occupants are left behind or people have simply squatted in an empty home or refuse to leave after a foreclosure that the bank never took to Writ.
The police of course do absolutely nothing.
If you want these cases, shoot me an email and tell me where you practice.
I feel we need a legislative fix. This is absurd. harry@evict.commailto:harry@evict.com
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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.
The problem is actually bigger than most people think.
The other problem is that most attorneys don't even know the difference
between a normal eviction and this and they will just file an eviction which
most of the time is not contested.
The problem areas that I see are:
-
The outright squatter who moves into a house maybe scammed in by a third
party or just scammers themselves. Police do nothing. -
The unknown occupant that stays behind after the tenant completely
vacates and the landlord has taken no money from the occupant. -
The unknown occupant that was put in by a tenant with no knowledge by a
landlord (the unauthorized sublet) -
The owner who won't move out after a foreclosure sale (the banks rarely
get Writ unfortunately)
I am not looking to make it simply a case where the landlord can just kick
the person out so you can calm down Leonard. Relax. I would just like to see
it handled as a normal eviction.
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
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 Lloyd Granet
Sent: Monday, December 02, 2013 1:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee:
Ejectment/Unlawful Detainers??
Harry, suggests that the problem of occupants who do not belong and are not
under a lease is so pervasive we should consider a legislative fix.
Can I get a sense from those that practice in this area if you agree and if
so who would be willing to work on what is the appropriate fix.
Anthony Horky is working on an Action Line article on Ejectment and Unlawful
Detainer and gave the committee a preview as our speaker at our last
meeting. I have attached the materials Anthony provided. Anthony is there
is a new revised set of materials please circulate.
Thank you.
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with
IRS Circular 230, we must inform you that any U.S. tax advice contained in
this transmission and any attachments hereto is not intended or written to
be used and may not be used by any person for the purpose of (i) avoiding
any penalty that may be imposed by the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any tax-related
matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b)
confidential, and (c) intended only for the use of the individual or entity
to which it is addressed. If the addressee is a client, this communication
is also subject to applicable privileges. If you are not the addressee, or
the employee or agent responsible for the delivery to the addressee, any
dissemination, distribution or copying of this communication is prohibited.
If you received this communication in error: (a) any dissemination,
distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests
that you immediately notify us at (561) 999-9300 (collect) and destroy this
communication. Thank you.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse &
Wolk
Sent: Tuesday, November 26, 2013 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Ejectment/Unlawful Detainers??
We have been bombarded with cases where occupants are left behind or people
have simply squatted in an empty home or refuse to leave after a foreclosure
that the bank never took to Writ.
The police of course do absolutely nothing.
If you want these cases, shoot me an email and tell me where you practice.
I feel we need a legislative fix. This is absurd. mailto:harry@evict.com
harry@evict.com
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
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.
Lloyd,
I would agree that it is very prevalent right now and I am running into Ejectments and Unlawful Detainer cases on a weekly basis. Since I represent not only landlords, but also investors who purchase foreclosures and tax deeds, it comes up often. However, that being said, I haven't found the current law to be much of an impediment to my ability to pursue the cases and obtain possession. The only suggestion I might have relative to a legislative fix is to clarify that County Courts would have jurisdiction. But procedurally, I have found they work fairly well.
I look forward to Anthony's article and any other comments on the issue.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
On Monday, December 2, 2013 1:38 PM, Lloyd Granet lgranet@granetlaw.com wrote:
Harry, suggests that the problem of occupants who do not belong and are not under a lease is so pervasive we should consider a legislative fix.
Can I get a sense from those that practice in this area if you agree and if so who would be willing to work on what is the appropriate fix.
Anthony Horky is working on an Action Line article on Ejectment and Unlawful Detainer and gave the committee a preview as our speaker at our last meeting. I have attached the materials Anthony provided. Anthony is there is a new revised set of materials please circulate.
Thank you.
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any
person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable
privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination,
distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Tuesday, November 26, 2013 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Ejectment/Unlawful Detainers??
We have been bombarded with cases where occupants are left behind or people have simply squatted in an empty home or refuse to leave after a foreclosure that the bank never took to Writ.
The police of course do absolutely nothing.
If you want these cases, shoot me an email and tell me where you practice.
I feel we need a legislative fix. This is absurd. harry@evict.com
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
you can add to the list, the person who came into occupancy lawfully, (you are my friend/family and can stay and there is not consideration) but has overstayed their welcome and now will not leave
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Monday, December 02, 2013 1:54 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Ejectment/Unlawful Detainers??
The problem is actually bigger than most people think.
The other problem is that most attorneys don't even know the difference between a normal eviction and this and they will just file an eviction which most of the time is not contested.
The problem areas that I see are:
- The outright squatter who moves into a house maybe scammed in by a third party or just scammers themselves. Police do nothing.
- The unknown occupant that stays behind after the tenant completely vacates and the landlord has taken no money from the occupant.
- The unknown occupant that was put in by a tenant with no knowledge by a landlord (the unauthorized sublet)
- The owner who won't move out after a foreclosure sale (the banks rarely get Writ unfortunately)
I am not looking to make it simply a case where the landlord can just kick the person out so you can calm down Leonard. Relax. I would just like to see it handled as a normal eviction.
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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Monday, December 02, 2013 1:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Ejectment/Unlawful Detainers??
Harry, suggests that the problem of occupants who do not belong and are not under a lease is so pervasive we should consider a legislative fix.
Can I get a sense from those that practice in this area if you agree and if so who would be willing to work on what is the appropriate fix.
Anthony Horky is working on an Action Line article on Ejectment and Unlawful Detainer and gave the committee a preview as our speaker at our last meeting. I have attached the materials Anthony provided. Anthony is there is a new revised set of materials please circulate.
Thank you.
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.commailto:lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Tuesday, November 26, 2013 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Ejectment/Unlawful Detainers??
We have been bombarded with cases where occupants are left behind or people have simply squatted in an empty home or refuse to leave after a foreclosure that the bank never took to Writ.
The police of course do absolutely nothing.
If you want these cases, shoot me an email and tell me where you practice.
I feel we need a legislative fix. This is absurd. harry@evict.commailto:harry@evict.com
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.comhttp://www.evict.com/
Email: harry@evict.commailto: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 agree with Harry. Really, these situations are not all that different from a normal eviction and the process should be essentially the same.
But I would note that in the situation of a purchaser who bought property in a Tax Deed Sale, the Tax Deed Statute would govern, so we should be careful about uniformity with other governing statutes.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
On Monday, December 2, 2013 1:58 PM, Cary Sabol sabollawoffice@yahoo.com wrote:
Lloyd,
I would agree that it is very prevalent right now and I am running into Ejectments and Unlawful Detainer cases on a weekly basis. Since I represent not only landlords, but also investors who purchase foreclosures and tax deeds, it comes up often. However, that being said, I haven't found the current law to be much of an impediment to my ability to pursue the cases and obtain possession. The only suggestion I might have relative to a legislative fix is to clarify that County Courts would have jurisdiction. But procedurally, I have found they work fairly well.
I look forward to Anthony's article and any other comments on the issue.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
On Monday, December 2, 2013 1:38 PM, Lloyd Granet lgranet@granetlaw.com wrote:
Harry, suggests that the problem of occupants who do not belong and are not under a lease is so pervasive we should consider a legislative fix.
Can I get a sense from those that practice in this area if you agree and if so who would be willing to work on what is the appropriate fix.
Anthony Horky is working on an Action Line article on Ejectment and Unlawful Detainer and gave the committee a preview as our speaker at our last meeting. I have attached the materials Anthony provided. Anthony is there is a new revised set of materials please circulate.
Thank you.
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any
person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable
privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination,
distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Tuesday, November 26, 2013 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Ejectment/Unlawful Detainers??
We have been bombarded with cases where occupants are left behind or people have simply squatted in an empty home or refuse to leave after a foreclosure that the bank never took to Writ.
The police of course do absolutely nothing.
If you want these cases, shoot me an email and tell me where you practice.
I feel we need a legislative fix. This is absurd. harry@evict.com
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
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
All: In my opinion, the previously described situation is one of unlawful
detainer (wrongfully withholding possession from one who is entitled to
immediate possession). Chapter 82 covers unlawful detainer whether it was
lawful or unlawful entry. Unlawful detainer actions, as with eviction
actions, are prosecuted under the summary procedure statute in County Court,
so the speed by which the action proceeds is essentially the same as an
eviction. In an unlawful detainer action, the plaintiff is also entitled to
damages equivalent to double to market rental value. Upon judgment, the
party is entitled to a writ of possession. Unlawful detainer is the
procedural remedy for squatters unless they are claiming title to the
property through adverse possession or some other grounds. In that case, it
would be an action for ejectment.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.989.3204
This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: mailto:ahorky@horkylaw.com
ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, December 02, 2013 2:02 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee; RPPTL Landlord Tenant
Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee:
Ejectment/Unlawful Detainers??
I agree with Harry. Really, these situations are not all that different
from a normal eviction and the process should be essentially the same.
But I would note that in the situation of a purchaser who bought property in
a Tax Deed Sale, the Tax Deed Statute would govern, so we should be careful
about uniformity with other governing statutes.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury
Department Regulations, we are now required to advise you that, unless
otherwise expressly indicated, any federal tax advice expressed above was
neither written nor intended by the sender or this firm to be used and
cannot be used by any taxpayer for the purpose of avoiding penalties that
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On Monday, December 2, 2013 1:58 PM, Cary Sabol sabollawoffice@yahoo.com
wrote:
Lloyd,
I would agree that it is very prevalent right now and I am running into
Ejectments and Unlawful Detainer cases on a weekly basis. Since I represent
not only landlords, but also investors who purchase foreclosures and tax
deeds, it comes up often. However, that being said, I haven't found the
current law to be much of an impediment to my ability to pursue the cases
and obtain possession. The only suggestion I might have relative to a
legislative fix is to clarify that County Courts would have jurisdiction.
But procedurally, I have found they work fairly well.
I look forward to Anthony's article and any other comments on the issue.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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On Monday, December 2, 2013 1:38 PM, Lloyd Granet lgranet@granetlaw.com
wrote:
Harry, suggests that the problem of occupants who do not belong and are not
under a lease is so pervasive we should consider a legislative fix.
Can I get a sense from those that practice in this area if you agree and if
so who would be willing to work on what is the appropriate fix.
Anthony Horky is working on an Action Line article on Ejectment and Unlawful
Detainer and gave the committee a preview as our speaker at our last
meeting. I have attached the materials Anthony provided. Anthony is there
is a new revised set of materials please circulate.
Thank you.
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse &
Wolk
Sent: Tuesday, November 26, 2013 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Ejectment/Unlawful Detainers??
We have been bombarded with cases where occupants are left behind or people
have simply squatted in an empty home or refuse to leave after a foreclosure
that the bank never took to Writ.
The police of course do absolutely nothing.
If you want these cases, shoot me an email and tell me where you practice.
I feel we need a legislative fix. This is absurd. mailto:harry@evict.com
harry@evict.com
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
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Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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