[RPPTL LandTen] Ejectment or possession action
Art:
Is there any commercial leasing issue that you haven't come across before?
Scott A. Frank
Attorney at Law
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Monday, April 09, 2012 9:40 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Ejectment or possession action
Lloyd, there is a statute of limitations issue that could limit the tenant's
claim. See Garden Isles Apts. No. 3 v. Connelly, 546 So.2d 38 (Fla. 4th DCA
1989) and Westinghouse Credit Corporation v. Grandoff Investments, 297 So.2d
104 (Fla. 2d DCA 1974). I have pulled these cites from a 1997 research memo
so they should be Sheperdized.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Monday, April 09, 2012 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Ejectment or possession action
New Question
I have a client who is a landlord in a commercial center. Lease provides
for reimbursement of increase over base year of "insurance due and payable".
Types of insurance are specified. There is a provision that an insurance
bill or copy submitted shall be conclusive evidence of the amount of
insurance, subject to manifest error, but no other detail on how cost of
insurance is determined.
Tenant is now trying to go back to inception of lease (2005) and challenge
inclusion of insurance broker fee in cost of insurance.
Any experience or case law?
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[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Tuesday, April 03, 2012 2:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Ejectment or possession action
I would say unlawful detainer and/or eviction.
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, April 03, 2012 12:05 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ejectment or possession action
Members: I'm curious to learn whether you think the person in the following
fact scenario is a tenant subject to a possession action or not and subject
to an ejectment action. Thank you for your thoughts.
FACTS: Owner agrees to allow Mrs. Smith to move in to the Owner's
condominium in exchange for payment of the electricity bill. Owner lives in
the condominium as well. After one month, Mrs. Smith stops paying
electricity bill. Owner then demands rent in the amount of $400 per month
which Mrs. Smith initially agrees to pay but the deal terms change when
Owner agrees that Mrs. Smith can remain in the unit without paying rent if
she will assist Owner with a foreclosure action. Mrs. Smith at no time
paid the $400/month. Mrs. Smith does assist Owner but now the foreclosure
has been resolved. In the meantime, Mrs. Smith has invited another person
into the unit, refuses to pay rent, remove the visitor or to turn over
possession.
Eviction or Ejectment?
Thank you.
Regards,
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431
Telephone: (561) 226-4628
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Our law firm has a client who owns several older shopping centers within
Hillsborough County that may need to address ADA compliance issues. He
would like to retain an ADA consultant. Can any of you provide a
recommendation? Thanks for any assistance you may be able to provide.
Best regards,
John
John B. Neukamm
Mechanik Nuccio Hearne & Wester, P.A.
305 S. Boulevard
Tampa, Florida 33606
Telephone No.: (813) 276-1920
Facsimile No.: (813) 276-1560
E-mail: jbn@floridalandlaw.com
John- the lawyers in our labor group who litigate those cases use Doug Anderson at LCM Architects in Chicago and think very highly of him. Rick
Richard Eckhard | Holland & Knight
Equity Partner
100 North Tampa Street, Suite 4100 | Tampa FL 33602
Phone 813.227.6417 | Fax 813.229.0134
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of John Neukamm
Sent: Wednesday, April 11, 2012 11:07 AM
To: RPPTL Landlord Tenant Committee
Cc: Al Colby; vln@floridalandlaw.com
Subject: [RPPTL LandTen] ADA Consultants
Our law firm has a client who owns several older shopping centers within Hillsborough County that may need to address ADA compliance issues. He would like to retain an ADA consultant. Can any of you provide a recommendation? Thanks for any assistance you may be able to provide.
Best regards,
John
John B. Neukamm
Mechanik Nuccio Hearne & Wester, P.A.
305 S. Boulevard
Tampa, Florida 33606
Telephone No.: (813) 276-1920
Facsimile No.: (813) 276-1560
E-mail: jbn@floridalandlaw.commailto:jbn@floridalandlaw.com
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Hi John -
My partners who practices in that arena highly recommends Jeffrey Gross
out of Miami (http://www.jgrossarchitects.com/
http://www.jgrossarchitects.com/ ).
Gregory
Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
http://www.slk-law.com/
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of John Neukamm
Sent: Wednesday, April 11, 2012 11:07 AM
To: RPPTL Landlord Tenant Committee
Cc: Al Colby; vln@floridalandlaw.com
Subject: [RPPTL LandTen] ADA Consultants
Our law firm has a client who owns several older shopping centers within
Hillsborough County that may need to address ADA compliance issues. He
would like to retain an ADA consultant. Can any of you provide a
recommendation? Thanks for any assistance you may be able to provide.
Best regards,
John
John B. Neukamm
Mechanik Nuccio Hearne & Wester, P.A.
305 S. Boulevard
Tampa, Florida 33606
Telephone No.: (813) 276-1920
Facsimile No.: (813) 276-1560
E-mail: jbn@floridalandlaw.com
In addition to the people already mentioned, I can heartedly recommend Larry
Schneider, AIA
Schneider, Larry M
561-799-6942
4905 Midtown Lane
Palm Beach Gardens
Larry@lmsarch.net
He teaches this stuff in continuing education classes and takes a very
practical, cost/benefit approach to ADA compliance.
Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor@Mazor.com
In addition to the people already mentioned, I can highly recommend Jeff
Gross, AIA at
Gross, Jeffery
954-925-3964
Jeffery Gross Associates, Architects PA
1816 Sherman St., Hollywood
JGross@JGrossArchitects.com
He does a great deal of work throughout the state and is well respected.
I believe he serves on the Florida commission responsible for Florida's ADA.
Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor@Mazor.com
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
rick.eckhard@hklaw.com
Sent: Wednesday, April 11, 2012 11:26 AM
To: landten@lists.flabarrpptl.org
Cc: aac@floridalandlaw.com; vln@floridalandlaw.com
Subject: Re: [RPPTL LandTen] ADA Consultants
John- the lawyers in our labor group who litigate those cases use Doug
Anderson at LCM Architects in Chicago and think very highly of him. Rick
Richard Eckhard | Holland & Knight
Equity Partner
100 North Tampa Street, Suite 4100 | Tampa FL 33602
Phone 813.227.6417 | Fax 813.229.0134
rick.eckhard@hklaw.com mailto:rick.eckhard@hklaw.com | www.hklaw.com
http://www.hklaw.com/
Add to address book http://www.hklaw.com/vcard.aspx?user=Reckhard | View
professional biography http://www.hklaw.com/id77/biosReckhard
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of John Neukamm
Sent: Wednesday, April 11, 2012 11:07 AM
To: RPPTL Landlord Tenant Committee
Cc: Al Colby; vln@floridalandlaw.com
Subject: [RPPTL LandTen] ADA Consultants
Our law firm has a client who owns several older shopping centers within
Hillsborough County that may need to address ADA compliance issues. He
would like to retain an ADA consultant. Can any of you provide a
recommendation? Thanks for any assistance you may be able to provide.
Best regards,
John
John B. Neukamm
Mechanik Nuccio Hearne & Wester, P.A.
305 S. Boulevard
Tampa, Florida 33606
Telephone No.: (813) 276-1920
Facsimile No.: (813) 276-1560
E-mail: jbn@floridalandlaw.com
IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS
IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS
COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY
HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I)
AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II)
PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED
MATTER HEREIN.
NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is
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or work product privilege that may be available to protect confidentiality.
One of my partners does Ada work and loves Larry Schneider. He is also a good guy.
David Weisman
Sent from my iPhone
On Apr 14, 2012, at 11:54 AM, "Jeff Mazor " jmazor@mazor.com wrote:
In addition to the people already mentioned, I can heartedly recommend Larry
Schneider, AIA
Schneider, Larry M
561-799-6942
4905 Midtown Lane
Palm Beach Gardens
Larry@lmsarch.net
He teaches this stuff in continuing education classes and takes a very
practical, cost/benefit approach to ADA compliance.
Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor@Mazor.com
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A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.
Does anyone have a definition of "Florida banking institution" for purposes of Section 83.49? Any help would be greatly appreciated.
Thanks,
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
The Voice for Real Estate(r) in Florida
I have told my clients this means a bank that does business in Florida. In
many cases an out of state owner will hold the deposit. I advise licensees
not to send the deposit out of state but to force the owner to open an
account in a bank in their state that operates in Florida. The property
manager then deposits the security deposit into that account. Example,
Wells Fargo is in multiple states. This is not based on any legal grounds,
just what I do.
I think the "Florida" bank thing is stupid, archaic and unnecessary and the
law should be changed to an FDIC insured banking institution. I really
don't see any purpose behind the law.
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
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Wednesday, April 25, 2012 12:28 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Florida banking institution
Does anyone have a definition of "Florida banking institution" for purposes
of Section 83.49? Any help would be greatly appreciated.
Thanks,
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtorsR
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
The Voice for Real EstateR in Florida
