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Re: [RPPTL LandTen] "Risk Mitigation Fee"

JG
James Glover
Fri, Oct 25, 2019 8:43 PM

My thoughts from an apartment community perspective. Right away I'm
thinking FHA and Fair Credit Reporting Act issues.

Practically speaking, the Tenants either meet qualifications or they don't.
I don't know why you make a downward exception on your qualifying criteria
just because a tenant offers you more money. You might as well throw your
criteria in the garbage and just raise your rents for everyone. I know
plenty of landlords that do just that, and get double market rents being
the "felon friendly" apartments. My experience, once you make that
departure upward or downward, you've changed the entire tenant mix for your
community. You can't just make one-time exceptions per FHA, if you have one
eviction tenant, then you rent to any eviction tenant.

Additionally, if you're giving different terms based on bad credit or
credit score, you need to be extra diligent in giving written credit
decision notices and justifying your decision criteria per the FCRA.

Can you charge the additional risk mitigation fee per this scheme?
Probably, but the income isn't worth the headaches.

--
James "Jimmy" Glover
General Counsel

Circle Property Management,
Inc.office: 772-888-0865email: James@CircleRentals.com
James@circlerentals.comaddress: P.O. Box 1026, Jensen Beach, FL
34958Licensed Attorney in Florida and Alabama

NOTE: This e-mail is intended solely for the use of Circle Property
Management, Inc., Chuck's Rentals, Inc., and/or Southern Investors
Management, Inc. (collectively, "CPM") and the individual(s) to whom it is
addressed. If you believe you received this e-mail in error, please notify
the sender immediately, delete the e-mail from your computer, and do not
copy or disclose it to anyone else. If you are not an agent or employee of
CPM, do not construe anything in this e-mail as forming an attorney-client
relationship, and do not disclose anything to Mr. Glover or CPM that you
expect to hold in confidence. If you properly received this e-mail as an
employee, agent, co-counsel, or retained expert of CPM, you should maintain
its contents in confidence in order to preserve the attorney-client or work
product privilege that may be available to protect confidentiality. Mr.
Glover is not licensed to practice law in Illinois or Indiana.

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec.
10.35), we inform you that any tax advice contained in this correspondence
was not intended or written by us to be used, and cannot be used by you or
anyone else, for the purpose of avoiding penalties imposed by the Internal
Revenue Code.  Also, to ensure compliance with the Fair Debt Collection
Practices Act (15 USC Sec. 1692-1692p), we inform you that CPM may be
deemed to be a debt collector attempting to collect a debt, and any
information obtained may be used for that purpose.

---------- Forwarded message ---------
From: Harry Heist harry@evict.com
Date: Fri, Oct 25, 2019 at 10:59 AM
Subject: [RPPTL LandTen] "Risk Mitigation Fee"
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org

It seems like each day property managers are coming up with fees that I
believe will eventually cause a problem and be class action material.

They are spreading as these managers are on all of these Facebook groups,
someone says they are doing it and then everyone thinks it is OK.

The latest one I have been seeing is a “Risk Mitigation Fee”.

This is a nonrefundable fee that the higher risk tenant (bad credit,
bankruptcy, eviction etc) is being asked to pay as part of being approved.

Often this “fee” is being kept by the property manager, split with the
owner or given to the owner.  More often than not, kept by the property
manager.

Does anyone have any info on the legality of this?

In the money lending world, creditors are free to charge a higher interest
rate to a higher risk person but this now????

Harry

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

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

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.


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

My thoughts from an apartment community perspective. Right away I'm thinking FHA and Fair Credit Reporting Act issues. Practically speaking, the Tenants either meet qualifications or they don't. I don't know why you make a downward exception on your qualifying criteria just because a tenant offers you more money. You might as well throw your criteria in the garbage and just raise your rents for everyone. I know plenty of landlords that do just that, and get double market rents being the "felon friendly" apartments. My experience, once you make that departure upward or downward, you've changed the entire tenant mix for your community. You can't just make one-time exceptions per FHA, if you have one eviction tenant, then you rent to any eviction tenant. Additionally, if you're giving different terms based on bad credit or credit score, you need to be extra diligent in giving written credit decision notices and justifying your decision criteria per the FCRA. Can you charge the additional risk mitigation fee per this scheme? Probably, but the income isn't worth the headaches. *--* *James "Jimmy" Glover* General Counsel *Circle Property Management, Inc.office: 772-888-0865email: James@CircleRentals.com <James@circlerentals.com>address: P.O. Box 1026, Jensen Beach, FL 34958Licensed Attorney in Florida and Alabama* NOTE: This e-mail is intended solely for the use of Circle Property Management, Inc., Chuck's Rentals, Inc., and/or Southern Investors Management, Inc. (collectively, "CPM") and the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer, and do not copy or disclose it to anyone else. If you are not an agent or employee of CPM, do not construe anything in this e-mail as forming an attorney-client relationship, and do not disclose anything to Mr. Glover or CPM that you expect to hold in confidence. If you properly received this e-mail as an employee, agent, co-counsel, or retained expert of CPM, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. Mr. Glover is not licensed to practice law in Illinois or Indiana. To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. Also, to ensure compliance with the Fair Debt Collection Practices Act (15 USC Sec. 1692-1692p), we inform you that CPM may be deemed to be a debt collector attempting to collect a debt, and any information obtained may be used for that purpose. > > ---------- Forwarded message --------- > From: Harry Heist <harry@evict.com> > Date: Fri, Oct 25, 2019 at 10:59 AM > Subject: [RPPTL LandTen] "Risk Mitigation Fee" > To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> > > > It seems like each day property managers are coming up with fees that I > believe will eventually cause a problem and be class action material. > > > > They are spreading as these managers are on all of these Facebook groups, > someone says they are doing it and then everyone thinks it is OK. > > > > The latest one I have been seeing is a “Risk Mitigation Fee”. > > > > This is a nonrefundable fee that the higher risk tenant (bad credit, > bankruptcy, eviction etc) is being asked to pay as part of being approved. > > > > Often this “fee” is being kept by the property manager, split with the > owner or given to the owner. More often than not, kept by the property > manager. > > > > Does anyone have any info on the legality of this? > > > > In the money lending world, creditors are free to charge a higher interest > rate to a higher risk person but this now???? > > > > Harry > > > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428FAX: 1 800 367 > 9038"Serving the Property Management Professional"Website: * > *www.evict.com* <http://www.evict.com/> > * Email: **harry@evict.com* <harry@evict.com> > > <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> > > > *Visit us on Facebook* > > > > > > THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND > INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR > DISTRIBUTION IS STRICTLY PROHIBITED. > > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >
HH
Harry Heist
Mon, Oct 28, 2019 3:39 PM

Hi James,

This is being done in single family management, not multifamily.

The name of the game now is to get as much money out of the owner and the tenant.

Having a tenant pay the property manager a “risk mitigation fee” adds up and increases their income.  The property manager is keeping this fee in almost all the cases I see.

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 James Glover
Sent: Friday, October 25, 2019 4:43 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] "Risk Mitigation Fee"

My thoughts from an apartment community perspective. Right away I'm thinking FHA and Fair Credit Reporting Act issues.

Practically speaking, the Tenants either meet qualifications or they don't. I don't know why you make a downward exception on your qualifying criteria just because a tenant offers you more money. You might as well throw your criteria in the garbage and just raise your rents for everyone. I know plenty of landlords that do just that, and get double market rents being the "felon friendly" apartments. My experience, once you make that departure upward or downward, you've changed the entire tenant mix for your community. You can't just make one-time exceptions per FHA, if you have one eviction tenant, then you rent to any eviction tenant.

Additionally, if you're giving different terms based on bad credit or credit score, you need to be extra diligent in giving written credit decision notices and justifying your decision criteria per the FCRA.

Can you charge the additional risk mitigation fee per this scheme? Probably, but the income isn't worth the headaches.

--

James "Jimmy" Glover

General Counsel

Circle Property Management, Inc.

office:

772-888-0865

email:

mailto:James@circlerentals.com James@CircleRentals.com

address:

P.O. Box 1026, Jensen Beach, FL 34958

Licensed Attorney in Florida and Alabama

https://docs.google.com/uc?export=download&id=1WkXPKjxY3AsTTxpTJScGNzn_dwQxE2Yp&revid=0B6hCAiZEFt8GWUs1UUpDaTRXQUtUemFwNkJuZ3ZvaFdGdnB3PQ

NOTE: This e-mail is intended solely for the use of Circle Property Management, Inc., Chuck's Rentals, Inc., and/or Southern Investors Management, Inc. (collectively, "CPM") and the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer, and do not copy or disclose it to anyone else. If you are not an agent or employee of CPM, do not construe anything in this e-mail as forming an attorney-client relationship, and do not disclose anything to Mr. Glover or CPM that you expect to hold in confidence. If you properly received this e-mail as an employee, agent, co-counsel, or retained expert of CPM, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. Mr. Glover is not licensed to practice law in Illinois or Indiana.

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.  Also, to ensure compliance with the Fair Debt Collection Practices Act (15 USC Sec. 1692-1692p), we inform you that CPM may be deemed to be a debt collector attempting to collect a debt, and any information obtained may be used for that purpose.

---------- Forwarded message ---------
From: Harry Heist harry@evict.com
Date: Fri, Oct 25, 2019 at 10:59 AM
Subject: [RPPTL LandTen] "Risk Mitigation Fee"
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org

It seems like each day property managers are coming up with fees that I believe will eventually cause a problem and be class action material.

They are spreading as these managers are on all of these Facebook groups, someone says they are doing it and then everyone thinks it is OK.

The latest one I have been seeing is a “Risk Mitigation Fee”.

This is a nonrefundable fee that the higher risk tenant (bad credit, bankruptcy, eviction etc) is being asked to pay as part of being approved.

Often this “fee” is being kept by the property manager, split with the owner or given to the owner.  More often than not, kept by the property manager.

Does anyone have any info on the legality of this?

In the money lending world, creditors are free to charge a higher interest rate to a higher risk person but this now????

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.


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

Hi James, This is being done in single family management, not multifamily. The name of the game now is to get as much money out of the owner and the tenant. Having a tenant pay the property manager a “risk mitigation fee” adds up and increases their income. The property manager is keeping this fee in almost all the cases I see. 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 James Glover Sent: Friday, October 25, 2019 4:43 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL LandTen] "Risk Mitigation Fee" My thoughts from an apartment community perspective. Right away I'm thinking FHA and Fair Credit Reporting Act issues. Practically speaking, the Tenants either meet qualifications or they don't. I don't know why you make a downward exception on your qualifying criteria just because a tenant offers you more money. You might as well throw your criteria in the garbage and just raise your rents for everyone. I know plenty of landlords that do just that, and get double market rents being the "felon friendly" apartments. My experience, once you make that departure upward or downward, you've changed the entire tenant mix for your community. You can't just make one-time exceptions per FHA, if you have one eviction tenant, then you rent to any eviction tenant. Additionally, if you're giving different terms based on bad credit or credit score, you need to be extra diligent in giving written credit decision notices and justifying your decision criteria per the FCRA. Can you charge the additional risk mitigation fee per this scheme? Probably, but the income isn't worth the headaches. -- James "Jimmy" Glover General Counsel Circle Property Management, Inc. office: 772-888-0865 email: <mailto:James@circlerentals.com> James@CircleRentals.com address: P.O. Box 1026, Jensen Beach, FL 34958 Licensed Attorney in Florida and Alabama <https://docs.google.com/uc?export=download&id=1WkXPKjxY3AsTTxpTJScGNzn_dwQxE2Yp&revid=0B6hCAiZEFt8GWUs1UUpDaTRXQUtUemFwNkJuZ3ZvaFdGdnB3PQ> NOTE: This e-mail is intended solely for the use of Circle Property Management, Inc., Chuck's Rentals, Inc., and/or Southern Investors Management, Inc. (collectively, "CPM") and the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer, and do not copy or disclose it to anyone else. If you are not an agent or employee of CPM, do not construe anything in this e-mail as forming an attorney-client relationship, and do not disclose anything to Mr. Glover or CPM that you expect to hold in confidence. If you properly received this e-mail as an employee, agent, co-counsel, or retained expert of CPM, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. Mr. Glover is not licensed to practice law in Illinois or Indiana. To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. Also, to ensure compliance with the Fair Debt Collection Practices Act (15 USC Sec. 1692-1692p), we inform you that CPM may be deemed to be a debt collector attempting to collect a debt, and any information obtained may be used for that purpose. ---------- Forwarded message --------- From: Harry Heist <harry@evict.com> Date: Fri, Oct 25, 2019 at 10:59 AM Subject: [RPPTL LandTen] "Risk Mitigation Fee" To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> It seems like each day property managers are coming up with fees that I believe will eventually cause a problem and be class action material. They are spreading as these managers are on all of these Facebook groups, someone says they are doing it and then everyone thinks it is OK. The latest one I have been seeing is a “Risk Mitigation Fee”. This is a nonrefundable fee that the higher risk tenant (bad credit, bankruptcy, eviction etc) is being asked to pay as part of being approved. Often this “fee” is being kept by the property manager, split with the owner or given to the owner. More often than not, kept by the property manager. Does anyone have any info on the legality of this? In the money lending world, creditors are free to charge a higher interest rate to a higher risk person but this now???? 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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
JB
Jariel Bortnick
Mon, Oct 28, 2019 3:42 PM

Harry, the risk mitigation fee is being charged in multifamily as well.

Regards,

Jariel Bortnick

On Mon, Oct 28, 2019 at 11:41 AM Harry Heist harry@evict.com wrote:

Hi James,

This is being done in single family management, not multifamily.

The name of the game now is to get as much money out of the owner and the
tenant.

Having a tenant pay the property manager a “risk mitigation fee” adds up
and increases their income.  The property manager is keeping this fee in
almost all the cases I see.

Harry

*LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428FAX: 1 800 367
9038"Serving the Property Management Professional"Website:  *
www.evict.com http://www.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 *James Glover
Sent: Friday, October 25, 2019 4:43 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] "Risk Mitigation Fee"

My thoughts from an apartment community perspective. Right away I'm
thinking FHA and Fair Credit Reporting Act issues.

Practically speaking, the Tenants either meet qualifications or they
don't. I don't know why you make a downward exception on your qualifying
criteria just because a tenant offers you more money. You might as well
throw your criteria in the garbage and just raise your rents for everyone.
I know plenty of landlords that do just that, and get double market rents
being the "felon friendly" apartments. My experience, once you make that
departure upward or downward, you've changed the entire tenant mix for your
community. You can't just make one-time exceptions per FHA, if you have one
eviction tenant, then you rent to any eviction tenant.

Additionally, if you're giving different terms based on bad credit or
credit score, you need to be extra diligent in giving written credit
decision notices and justifying your decision criteria per the FCRA.

Can you charge the additional risk mitigation fee per this scheme?
Probably, but the income isn't worth the headaches.

--

James "Jimmy" Glover

General Counsel

Circle Property Management, Inc.

office:

772-888-0865

email:

James@CircleRentals.com James@circlerentals.com

address:

P.O. Box 1026, Jensen Beach, FL 34958

Licensed Attorney in Florida and Alabama

NOTE: This e-mail is intended solely for the use of Circle Property
Management, Inc., Chuck's Rentals, Inc., and/or Southern Investors
Management, Inc. (collectively, "CPM") and the individual(s) to whom it is
addressed. If you believe you received this e-mail in error, please notify
the sender immediately, delete the e-mail from your computer, and do not
copy or disclose it to anyone else. If you are not an agent or employee of
CPM, do not construe anything in this e-mail as forming an attorney-client
relationship, and do not disclose anything to Mr. Glover or CPM that you
expect to hold in confidence. If you properly received this e-mail as an
employee, agent, co-counsel, or retained expert of CPM, you should maintain
its contents in confidence in order to preserve the attorney-client or work
product privilege that may be available to protect confidentiality. Mr.
Glover is not licensed to practice law in Illinois or Indiana.

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec.
10.35), we inform you that any tax advice contained in this correspondence
was not intended or written by us to be used, and cannot be used by you or
anyone else, for the purpose of avoiding penalties imposed by the Internal
Revenue Code.  Also, to ensure compliance with the Fair Debt Collection
Practices Act (15 USC Sec. 1692-1692p), we inform you that CPM may be
deemed to be a debt collector attempting to collect a debt, and any
information obtained may be used for that purpose.

---------- Forwarded message ---------
From: Harry Heist harry@evict.com
Date: Fri, Oct 25, 2019 at 10:59 AM
Subject: [RPPTL LandTen] "Risk Mitigation Fee"
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org

It seems like each day property managers are coming up with fees that I
believe will eventually cause a problem and be class action material.

They are spreading as these managers are on all of these Facebook groups,
someone says they are doing it and then everyone thinks it is OK.

The latest one I have been seeing is a “Risk Mitigation Fee”.

This is a nonrefundable fee that the higher risk tenant (bad credit,
bankruptcy, eviction etc) is being asked to pay as part of being approved.

Often this “fee” is being kept by the property manager, split with the
owner or given to the owner.  More often than not, kept by the property
manager.

Does anyone have any info on the legality of this?

In the money lending world, creditors are free to charge a higher interest
rate to a higher risk person but this now????

Harry

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

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

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.


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


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

--
Jariel Bortnick
561.703.1155

Harry, the risk mitigation fee is being charged in multifamily as well. Regards, Jariel Bortnick On Mon, Oct 28, 2019 at 11:41 AM Harry Heist <harry@evict.com> wrote: > Hi James, > > > > This is being done in single family management, not multifamily. > > > > The name of the game now is to get as much money out of the owner and the > tenant. > > > > Having a tenant pay the property manager a “risk mitigation fee” adds up > and increases their income. The property manager is keeping this fee in > almost all the cases I see. > > > > Harry > > > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428FAX: 1 800 367 > 9038"Serving the Property Management Professional"Website: * > *www.evict.com* <http://www.evict.com/> > * Email: **harry@evict.com* <harry@evict.com> > > <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> > > > *Visit us on Facebook* > > > > > > THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND > INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR > DISTRIBUTION IS STRICTLY PROHIBITED. > > > > > > *From:* landten-bounces@lists.flabarrpptl.org [mailto: > landten-bounces@lists.flabarrpptl.org] *On Behalf Of *James Glover > *Sent:* Friday, October 25, 2019 4:43 PM > *To:* landten@lists.flabarrpptl.org > *Subject:* Re: [RPPTL LandTen] "Risk Mitigation Fee" > > > > My thoughts from an apartment community perspective. Right away I'm > thinking FHA and Fair Credit Reporting Act issues. > > > > Practically speaking, the Tenants either meet qualifications or they > don't. I don't know why you make a downward exception on your qualifying > criteria just because a tenant offers you more money. You might as well > throw your criteria in the garbage and just raise your rents for everyone. > I know plenty of landlords that do just that, and get double market rents > being the "felon friendly" apartments. My experience, once you make that > departure upward or downward, you've changed the entire tenant mix for your > community. You can't just make one-time exceptions per FHA, if you have one > eviction tenant, then you rent to any eviction tenant. > > > > Additionally, if you're giving different terms based on bad credit or > credit score, you need to be extra diligent in giving written credit > decision notices and justifying your decision criteria per the FCRA. > > > > Can you charge the additional risk mitigation fee per this scheme? > Probably, but the income isn't worth the headaches. > > > > > > *--* > > *James "Jimmy" Glover* > > General Counsel > > Circle Property Management, Inc. > > office: > > 772-888-0865 > > email: > > James@CircleRentals.com <James@circlerentals.com> > > address: > > P.O. Box 1026, Jensen Beach, FL 34958 > > Licensed Attorney in Florida and Alabama > > NOTE: This e-mail is intended solely for the use of Circle Property > Management, Inc., Chuck's Rentals, Inc., and/or Southern Investors > Management, Inc. (collectively, "CPM") and the individual(s) to whom it is > addressed. If you believe you received this e-mail in error, please notify > the sender immediately, delete the e-mail from your computer, and do not > copy or disclose it to anyone else. If you are not an agent or employee of > CPM, do not construe anything in this e-mail as forming an attorney-client > relationship, and do not disclose anything to Mr. Glover or CPM that you > expect to hold in confidence. If you properly received this e-mail as an > employee, agent, co-counsel, or retained expert of CPM, you should maintain > its contents in confidence in order to preserve the attorney-client or work > product privilege that may be available to protect confidentiality. Mr. > Glover is not licensed to practice law in Illinois or Indiana. > > To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. > 10.35), we inform you that any tax advice contained in this correspondence > was not intended or written by us to be used, and cannot be used by you or > anyone else, for the purpose of avoiding penalties imposed by the Internal > Revenue Code. Also, to ensure compliance with the Fair Debt Collection > Practices Act (15 USC Sec. 1692-1692p), we inform you that CPM may be > deemed to be a debt collector attempting to collect a debt, and any > information obtained may be used for that purpose. > > > > ---------- Forwarded message --------- > From: *Harry Heist* <harry@evict.com> > Date: Fri, Oct 25, 2019 at 10:59 AM > Subject: [RPPTL LandTen] "Risk Mitigation Fee" > To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> > > > > It seems like each day property managers are coming up with fees that I > believe will eventually cause a problem and be class action material. > > > > They are spreading as these managers are on all of these Facebook groups, > someone says they are doing it and then everyone thinks it is OK. > > > > The latest one I have been seeing is a “Risk Mitigation Fee”. > > > > This is a nonrefundable fee that the higher risk tenant (bad credit, > bankruptcy, eviction etc) is being asked to pay as part of being approved. > > > > Often this “fee” is being kept by the property manager, split with the > owner or given to the owner. More often than not, kept by the property > manager. > > > > Does anyone have any info on the legality of this? > > > > In the money lending world, creditors are free to charge a higher interest > rate to a higher risk person but this now???? > > > > Harry > > > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428FAX: 1 800 367 > 9038"Serving the Property Management Professional"Website: * > *www.evict.com* <http://www.evict.com/> > * Email: **harry@evict.com* <harry@evict.com> > > <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> > > > *Visit us on Facebook* > > > > > > THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND > INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR > DISTRIBUTION IS STRICTLY PROHIBITED. > > > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten -- Jariel Bortnick 561.703.1155
MD
Mike Davis
Mon, Oct 28, 2019 6:00 PM

Without looking up any law, my concern would be disclosure.  We are all familiar with auto industry advertising with the undecipherable tv small print or unintelligible radio speak on auto sales and leasing adds.  The fine print places limitations on the great price in the ad.  Yet the industry standard in residential rentals seems to be an assumption that the advertised monthly rent is based on passing that rental’s application criteria including credit.  I don’t recall seeing any limitations on monthly rent shown on prop websites or third-party websites like rent.com (maybe I haven’t looked close enough).  That makes me think that there is some law or reg (case, statute, government agency, etc.) somewhere allowing advertising without disclosure of limitations on the advertised price and perhaps a particular statute or reg created duties for certain industries, like the auto industry.  Otherwise, given the prospect of lucrative class action filings, I don’t see why plaintiff attorneys wouldn’t have jumped on an alleged lack of disclosure on advertised monthly rents.

Mike

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

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Jariel Bortnick
Sent: Monday, October 28, 2019 11:42 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] "Risk Mitigation Fee"

Harry, the risk mitigation fee is being charged in multifamily as well.

Regards,

Jariel Bortnick

On Mon, Oct 28, 2019 at 11:41 AM Harry Heist <harry@evict.commailto:harry@evict.com> wrote:
Hi James,

This is being done in single family management, not multifamily.

The name of the game now is to get as much money out of the owner and the tenant.

Having a tenant pay the property manager a “risk mitigation fee” adds up and increases their income.  The property manager is keeping this fee in almost all the cases I see.

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
[cid:image001.png@01D58D95.F277D200]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.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of James Glover
Sent: Friday, October 25, 2019 4:43 PM
To: landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] "Risk Mitigation Fee"

My thoughts from an apartment community perspective. Right away I'm thinking FHA and Fair Credit Reporting Act issues.

Practically speaking, the Tenants either meet qualifications or they don't. I don't know why you make a downward exception on your qualifying criteria just because a tenant offers you more money. You might as well throw your criteria in the garbage and just raise your rents for everyone. I know plenty of landlords that do just that, and get double market rents being the "felon friendly" apartments. My experience, once you make that departure upward or downward, you've changed the entire tenant mix for your community. You can't just make one-time exceptions per FHA, if you have one eviction tenant, then you rent to any eviction tenant.

Additionally, if you're giving different terms based on bad credit or credit score, you need to be extra diligent in giving written credit decision notices and justifying your decision criteria per the FCRA.

Can you charge the additional risk mitigation fee per this scheme? Probably, but the income isn't worth the headaches.

--
James "Jimmy" Glover
General Counsel
Circle Property Management, Inc.
office:
772-888-0865
email:
James@CircleRentals.commailto:James@circlerentals.com
address:
P.O. Box 1026, Jensen Beach, FL 34958
Licensed Attorney in Florida and Alabama
[https://docs.google.com/uc?export=download&id=1WkXPKjxY3AsTTxpTJScGNzn_dwQxE2Yp&revid=0B6hCAiZEFt8GWUs1UUpDaTRXQUtUemFwNkJuZ3ZvaFdGdnB3PQ]

NOTE: This e-mail is intended solely for the use of Circle Property Management, Inc., Chuck's Rentals, Inc., and/or Southern Investors Management, Inc. (collectively, "CPM") and the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer, and do not copy or disclose it to anyone else. If you are not an agent or employee of CPM, do not construe anything in this e-mail as forming an attorney-client relationship, and do not disclose anything to Mr. Glover or CPM that you expect to hold in confidence. If you properly received this e-mail as an employee, agent, co-counsel, or retained expert of CPM, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. Mr. Glover is not licensed to practice law in Illinois or Indiana.

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.  Also, to ensure compliance with the Fair Debt Collection Practices Act (15 USC Sec. 1692-1692p), we inform you that CPM may be deemed to be a debt collector attempting to collect a debt, and any information obtained may be used for that purpose.

---------- Forwarded message ---------
From: Harry Heist <harry@evict.commailto:harry@evict.com>
Date: Fri, Oct 25, 2019 at 10:59 AM
Subject: [RPPTL LandTen] "Risk Mitigation Fee"
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>

It seems like each day property managers are coming up with fees that I believe will eventually cause a problem and be class action material.

They are spreading as these managers are on all of these Facebook groups, someone says they are doing it and then everyone thinks it is OK.

The latest one I have been seeing is a “Risk Mitigation Fee”.

This is a nonrefundable fee that the higher risk tenant (bad credit, bankruptcy, eviction etc) is being asked to pay as part of being approved.

Often this “fee” is being kept by the property manager, split with the owner or given to the owner.  More often than not, kept by the property manager.

Does anyone have any info on the legality of this?

In the money lending world, creditors are free to charge a higher interest rate to a higher risk person but this now????

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
[cid:image001.png@01D58D95.F277D200]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.


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


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

--
Jariel Bortnick
561.703.1155

Without looking up any law, my concern would be disclosure. We are all familiar with auto industry advertising with the undecipherable tv small print or unintelligible radio speak on auto sales and leasing adds. The fine print places limitations on the great price in the ad. Yet the industry standard in residential rentals seems to be an assumption that the advertised monthly rent is based on passing that rental’s application criteria including credit. I don’t recall seeing any limitations on monthly rent shown on prop websites or third-party websites like rent.com (maybe I haven’t looked close enough). That makes me think that there is some law or reg (case, statute, government agency, etc.) somewhere allowing advertising without disclosure of limitations on the advertised price and perhaps a particular statute or reg created duties for certain industries, like the auto industry. Otherwise, given the prospect of lucrative class action filings, I don’t see why plaintiff attorneys wouldn’t have jumped on an alleged lack of disclosure on advertised monthly rents. Mike The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Jariel Bortnick Sent: Monday, October 28, 2019 11:42 AM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] "Risk Mitigation Fee" Harry, the risk mitigation fee is being charged in multifamily as well. Regards, Jariel Bortnick On Mon, Oct 28, 2019 at 11:41 AM Harry Heist <harry@evict.com<mailto:harry@evict.com>> wrote: Hi James, This is being done in single family management, not multifamily. The name of the game now is to get as much money out of the owner and the tenant. Having a tenant pay the property manager a “risk mitigation fee” adds up and increases their income. The property manager is keeping this fee in almost all the cases I see. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01D58D95.F277D200]<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<mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of James Glover Sent: Friday, October 25, 2019 4:43 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] "Risk Mitigation Fee" My thoughts from an apartment community perspective. Right away I'm thinking FHA and Fair Credit Reporting Act issues. Practically speaking, the Tenants either meet qualifications or they don't. I don't know why you make a downward exception on your qualifying criteria just because a tenant offers you more money. You might as well throw your criteria in the garbage and just raise your rents for everyone. I know plenty of landlords that do just that, and get double market rents being the "felon friendly" apartments. My experience, once you make that departure upward or downward, you've changed the entire tenant mix for your community. You can't just make one-time exceptions per FHA, if you have one eviction tenant, then you rent to any eviction tenant. Additionally, if you're giving different terms based on bad credit or credit score, you need to be extra diligent in giving written credit decision notices and justifying your decision criteria per the FCRA. Can you charge the additional risk mitigation fee per this scheme? Probably, but the income isn't worth the headaches. -- James "Jimmy" Glover General Counsel Circle Property Management, Inc. office: 772-888-0865 email: James@CircleRentals.com<mailto:James@circlerentals.com> address: P.O. Box 1026, Jensen Beach, FL 34958 Licensed Attorney in Florida and Alabama [https://docs.google.com/uc?export=download&id=1WkXPKjxY3AsTTxpTJScGNzn_dwQxE2Yp&revid=0B6hCAiZEFt8GWUs1UUpDaTRXQUtUemFwNkJuZ3ZvaFdGdnB3PQ] NOTE: This e-mail is intended solely for the use of Circle Property Management, Inc., Chuck's Rentals, Inc., and/or Southern Investors Management, Inc. (collectively, "CPM") and the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer, and do not copy or disclose it to anyone else. If you are not an agent or employee of CPM, do not construe anything in this e-mail as forming an attorney-client relationship, and do not disclose anything to Mr. Glover or CPM that you expect to hold in confidence. If you properly received this e-mail as an employee, agent, co-counsel, or retained expert of CPM, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. Mr. Glover is not licensed to practice law in Illinois or Indiana. To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. Also, to ensure compliance with the Fair Debt Collection Practices Act (15 USC Sec. 1692-1692p), we inform you that CPM may be deemed to be a debt collector attempting to collect a debt, and any information obtained may be used for that purpose. ---------- Forwarded message --------- From: Harry Heist <harry@evict.com<mailto:harry@evict.com>> Date: Fri, Oct 25, 2019 at 10:59 AM Subject: [RPPTL LandTen] "Risk Mitigation Fee" To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> It seems like each day property managers are coming up with fees that I believe will eventually cause a problem and be class action material. They are spreading as these managers are on all of these Facebook groups, someone says they are doing it and then everyone thinks it is OK. The latest one I have been seeing is a “Risk Mitigation Fee”. This is a nonrefundable fee that the higher risk tenant (bad credit, bankruptcy, eviction etc) is being asked to pay as part of being approved. Often this “fee” is being kept by the property manager, split with the owner or given to the owner. More often than not, kept by the property manager. Does anyone have any info on the legality of this? In the money lending world, creditors are free to charge a higher interest rate to a higher risk person but this now???? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01D58D95.F277D200]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten -- Jariel Bortnick 561.703.1155
LG
Lloyd Granet
Tue, Oct 29, 2019 9:08 PM

Is there any law if “laundry room contracts/leases” for apartment complexes which are characterized as leases in the document but do not deliver possession are actually leases.

Assume that LL retains control of the laundry room, maintains, cleans provides utilities and can restrict access for security purposes but must provide T access.  T responsibility relates to the equipment and paying money based on usage.

This email message was sent by:


Lloyd Granet | Board Certified Real Estate Attorney
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: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee.  If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately at (561) 999-9300 (collect) and destroy this communication.  Thank you.

Is there any law if “laundry room contracts/leases” for apartment complexes which are characterized as leases in the document but do not deliver possession are actually leases. Assume that LL retains control of the laundry room, maintains, cleans provides utilities and can restrict access for security purposes but must provide T access. T responsibility relates to the equipment and paying money based on usage. This email message was sent by: _________________________________________ Lloyd Granet | Board Certified Real Estate Attorney 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<mailto:lgranet@granetlaw.com> NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately at (561) 999-9300 (collect) and destroy this communication. Thank you.
RM
Robert M. Schwartz
Wed, Oct 30, 2019 2:00 PM

That sounds more like a license

Robert M. Schwartz, Esq., B.C.S.

FLORIDA BAR BOARD CERTIFIED REAL ESTATE LAWYER

ROBERT MARC SCHWARTZ, P.A.

4700 NW Boca Raton Blvd., Suite 104

Boca Raton, FL 33431-4860

Phone (561) 241-1850

Fax (561) 241-1845

Bob@RobertSchwartzPA.com

Christine@RobertSchwartzPA.Com

http://www.robertschwartzpa.com/ WWW.RobertSchwartzPA.Com

cid:image9aa80e.jpg@78c6435f.f6fe4e7e

When you want to be represented by an Expert in Real Estate Law & Practice.

Confidentiality Notice:This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential, or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

Notice:  Please call to verbally verify any wire instructions to avoid the possibility of wire fraud.    We do not use encrypted email.  Do not put social security numbers or other sensitive information in emails.

THANK YOU!

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Tuesday, October 29, 2019 5:09 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] "Risk Mitigation Fee"

Is there any law if “laundry room contracts/leases” for apartment complexes which are characterized as leases in the document but do not deliver possession are actually leases.

Assume that LL retains control of the laundry room, maintains, cleans provides utilities and can restrict access for security purposes but must provide T access.  T responsibility relates to the equipment and paying money based on usage.

This email message was sent by:


Lloyd Granet | Board Certified Real Estate Attorney
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: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee.  If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately at (561) 999-9300 (collect) and destroy this communication.  Thank you.

That sounds more like a license Robert M. Schwartz, Esq., B.C.S. FLORIDA BAR BOARD CERTIFIED REAL ESTATE LAWYER ROBERT MARC SCHWARTZ, P.A. 4700 NW Boca Raton Blvd., Suite 104 Boca Raton, FL 33431-4860 Phone (561) 241-1850 Fax (561) 241-1845 Bob@RobertSchwartzPA.com Christine@RobertSchwartzPA.Com <http://www.robertschwartzpa.com/> WWW.RobertSchwartzPA.Com cid:image9aa80e.jpg@78c6435f.f6fe4e7e When you want to be represented by an Expert in Real Estate Law & Practice. Confidentiality Notice:This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential, or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. Notice: Please call to verbally verify any wire instructions to avoid the possibility of wire fraud. We do not use encrypted email. Do not put social security numbers or other sensitive information in emails. THANK YOU! From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet Sent: Tuesday, October 29, 2019 5:09 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] "Risk Mitigation Fee" Is there any law if “laundry room contracts/leases” for apartment complexes which are characterized as leases in the document but do not deliver possession are actually leases. Assume that LL retains control of the laundry room, maintains, cleans provides utilities and can restrict access for security purposes but must provide T access. T responsibility relates to the equipment and paying money based on usage. This email message was sent by: _________________________________________ Lloyd Granet | Board Certified Real Estate Attorney 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: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of this addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please notify Lloyd Granet, P.A. immediately at (561) 999-9300 (collect) and destroy this communication. Thank you.