[RPPTL LandTen] Entering apartment for a will or clothes for funeral
Does anyone handle probate issues as they relate to ll/ten?
When a tenant dies, generally we advise to never allow access.
Is there any kind of “order to allow entry” or any fast track emergency probate method for a relative to get in and find a will or get clothing for a funeral? I thought I saw one once but can’t find it anywhere.
The dangers of allowing access to relatives are so high as they grab anything of value and take off never to be heard from again.
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.
I do. The general rule at tenant death re access to the landlord’s apartment is that its defined by the lease. If lease is silent then landlord should take control and secure the unit immediately. We have found several bodies in various units. For more details feel free to call me.
Joseph P. George, Jr., Esq.
Joseph P. George, Jr., P.A.
Dadeland Professional Building
9655 South Dixie Highway
Suite 112
Miami, Florida 33156
Telephone: 305-670-6706
Fax: 305-670-2048
Toll Free: 1-888-612-5545
Cell: 305-301-5496
Email: joepgeorge@aol.com
If you have an urgent message or if you have not heard from me in response to your e-mail, telephone me. Please do not assume your e-mail has been received.
NOTICE OF CONFIDENTIALITY: This e-mail together with any attachments, is confidential and protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. It is intended only for the recipient(s) named above and may contain information that is privileged, protected as attorney work product or otherwise exempt from disclosure under applicable law. If you have received this e-mail in error, or are not the named recipient(s), you are hereby notified that any use, dissemination, distribution, or copying of this e-mail, any of its contents or any attachments is strictly prohibited. Please immediately notify the sender at mailto:JoePGeorge@AOL.com JoePGeorge@AOL.com and delete this e-mail and any attachments from your computer. You should not retain, copy or use this e-mail or any attachments for any purpose, or disclose all or any part of the contents to any person or entity.
IRS CIRCULAR 230 NOTICE: To comply with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachment) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (including any attachment).
P Please consider the environment before printing this e-mail.
Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, March 29, 2016 4:17 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Entering apartment for a will or clothes for funeral
Does anyone handle probate issues as they relate to ll/ten?
When a tenant dies, generally we advise to never allow access.
Is there any kind of “order to allow entry” or any fast track emergency probate method for a relative to get in and find a will or get clothing for a funeral? I thought I saw one once but can’t find it anywhere.
The dangers of allowing access to relatives are so high as they grab anything of value and take off never to be heard from again.
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.
Joseph, the problem is this.
Designating a person in the lease is fine and dandy but like anything else, it dies upon death like a POA. I have clients wanting to place clauses in the lease that state that upon death, the belongings can be given to X. This basically bypasses everything that Probate and a Will does. I don’t feel this is proper but as I stated, probate is not my thing.
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 Joseph P. George Jr.
Sent: Tuesday, March 29, 2016 4:25 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Entering apartment for a will or clothes for funeral
I do. The general rule at tenant death re access to the landlord’s apartment is that its defined by the lease. If lease is silent then landlord should take control and secure the unit immediately. We have found several bodies in various units. For more details feel free to call me.
Joseph P. George, Jr., Esq.
Joseph P. George, Jr., P.A.
Dadeland Professional Building
9655 South Dixie Highway
Suite 112
Miami, Florida 33156
Telephone: 305-670-6706
Fax: 305-670-2048
Toll Free: 1-888-612-5545
Cell: 305-301-5496
Email: joepgeorge@aol.com
If you have an urgent message or if you have not heard from me in response to your e-mail, telephone me. Please do not assume your e-mail has been received.
NOTICE OF CONFIDENTIALITY: This e-mail together with any attachments, is confidential and protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. It is intended only for the recipient(s) named above and may contain information that is privileged, protected as attorney work product or otherwise exempt from disclosure under applicable law. If you have received this e-mail in error, or are not the named recipient(s), you are hereby notified that any use, dissemination, distribution, or copying of this e-mail, any of its contents or any attachments is strictly prohibited. Please immediately notify the sender at mailto:JoePGeorge@AOL.com JoePGeorge@AOL.com and delete this e-mail and any attachments from your computer. You should not retain, copy or use this e-mail or any attachments for any purpose, or disclose all or any part of the contents to any person or entity.
IRS CIRCULAR 230 NOTICE: To comply with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachment) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (including any attachment).
P Please consider the environment before printing this e-mail.
Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, March 29, 2016 4:17 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Entering apartment for a will or clothes for funeral
Does anyone handle probate issues as they relate to ll/ten?
When a tenant dies, generally we advise to never allow access.
Is there any kind of “order to allow entry” or any fast track emergency probate method for a relative to get in and find a will or get clothing for a funeral? I thought I saw one once but can’t find it anywhere.
The dangers of allowing access to relatives are so high as they grab anything of value and take off never to be heard from again.
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.
I think that your protocol is what John McMillan does also. I’m cc-ing him, Harry, to see if he wants to contact you.
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
Bay Area Legal Services, Inc.
1302 N. 19th St., Suite # 400
Tampa, FL 33605-5230
(813) 232-1222, Ext.109
FAX: 248-9922
“Preserving Independence, Hope and Dignity”
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, 29 March, 2016 16:17
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Entering apartment for a will or clothes for funeral
Does anyone handle probate issues as they relate to ll/ten?
When a tenant dies, generally we advise to never allow access.
Is there any kind of “order to allow entry” or any fast track emergency probate method for a relative to get in and find a will or get clothing for a funeral? I thought I saw one once but can’t find it anywhere.
The dangers of allowing access to relatives are so high as they grab anything of value and take off never to be heard from again.
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@01D189E2.36CA0B00]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.
There is no such thing. As an order to allow entry. Although it is not practical in most circumstance, the Landlord should require the letters be issued to the personal representative who is charged with securing the property of the decedent.
As a practical matter, the landlord does not want to wait to see if an estate is open and letters issued, which does not happen many times and is appreciative of a relative to clear out the unit.
If the landlord wanted to comply with the statute, he could post the 3 day notice and after 15 days enter the unit and store whatever belonging there are until an estate is opened.
Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller@rdwaller.com
[cid:image002.jpg@01D18A5A.EC5CF5E0]
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, March 29, 2016 4:17 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Entering apartment for a will or clothes for funeral
Does anyone handle probate issues as they relate to ll/ten?
When a tenant dies, generally we advise to never allow access.
Is there any kind of “order to allow entry” or any fast track emergency probate method for a relative to get in and find a will or get clothing for a funeral? I thought I saw one once but can’t find it anywhere.
The dangers of allowing access to relatives are so high as they grab anything of value and take off never to be heard from again.
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:image003.png@01D18A5A.EC5CF5E0]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.
Hi Roland.
I don’t see this in the statute:
” If the landlord wanted to comply with the statute, he could post the 3 day notice and after 15 days enter the unit and store whatever belonging there are until an estate is opened”
The statute regarding possession or abandonment is governed by 83.67 and 83.59
We can’t even get possession of the unit until 60 days elapse.
Harry
(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or
(d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.
“BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY”
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 Roland Waller
Sent: Wednesday, March 30, 2016 8:06 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Entering apartment for a will or clothes for funeral
There is no such thing. As an order to allow entry. Although it is not practical in most circumstance, the Landlord should require the letters be issued to the personal representative who is charged with securing the property of the decedent.
As a practical matter, the landlord does not want to wait to see if an estate is open and letters issued, which does not happen many times and is appreciative of a relative to clear out the unit.
If the landlord wanted to comply with the statute, he could post the 3 day notice and after 15 days enter the unit and store whatever belonging there are until an estate is opened.
Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, March 29, 2016 4:17 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Entering apartment for a will or clothes for funeral
Does anyone handle probate issues as they relate to ll/ten?
When a tenant dies, generally we advise to never allow access.
Is there any kind of “order to allow entry” or any fast track emergency probate method for a relative to get in and find a will or get clothing for a funeral? I thought I saw one once but can’t find it anywhere.
The dangers of allowing access to relatives are so high as they grab anything of value and take off never to be heard from again.
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.
