Empathy List Archives

NB

Neil B. Shoter

Mon, Oct 10, 2011 7:31 PM

Dear Committee members, our Committee has been asked to provide comments on the following newly submitted pieces of State legislation. If you have any input, comments or specific edits, please provide them by no later than Wednesday October 19th.

HB 65 Re: Foreclosure Debt Relief
HB 281 -Re: Notice of Termination of tenancies. Revising Section 83.57
HB 145 Re: Residential Foreclosure Proceedings
SB 218 Re: Tax on Transient Rentals
HB 149 Re: Website Notice of Foreclosure Action

Kindly direct any comments directly to my email, with copy to Scott Frank, our legislative Chair.

Thank you

Neil

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com/

</pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

Dear Committee members, our Committee has been asked to provide comments on the following newly submitted pieces of State legislation. If you have any input, comments or specific edits, please provide them by no later than Wednesday October 19th. HB 65 Re: Foreclosure Debt Relief HB 281 -Re: Notice of Termination of tenancies. Revising Section 83.57 HB 145 Re: Residential Foreclosure Proceedings SB 218 Re: Tax on Transient Rentals HB 149 Re: Website Notice of Foreclosure Action Kindly direct any comments directly to my email, with copy to Scott Frank, our legislative Chair. Thank you Neil [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com/> </pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

LC

Leonard Cabral

Tue, Oct 11, 2011 6:13 PM

Clever to submit it, however, I will bet anyone a steak dinner that HB 145
does NOT pass.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, October 10, 2011 3:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Proposed House/Senate Bills.

Dear Committee members, our Committee has been asked to provide comments on
the following newly submitted pieces of State legislation. If you have any
input, comments or specific edits, please provide them by no later than
Wednesday October 19th.

HB 65 Re: Foreclosure Debt Relief

HB 281 -Re: Notice of Termination of tenancies. Revising Section 83.57

HB 145 Re: Residential Foreclosure Proceedings

SB 218 Re: Tax on Transient Rentals

HB 149 Re: Website Notice of Foreclosure Action

Kindly direct any comments directly to my email, with copy to Scott Frank,
our legislative Chair.

Thank you

Neil

Image removed by sender.

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail |
http://www.shutts.com/attorneys-Neil-Shoter.html Biography |
http://www.shutts.com/vcard-181.vcf V-Card | http://www.shutts.com/
Website

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.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Clever to submit it, however, I will bet anyone a steak dinner that HB 145 does NOT pass. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Monday, October 10, 2011 3:32 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Proposed House/Senate Bills. Dear Committee members, our Committee has been asked to provide comments on the following newly submitted pieces of State legislation. If you have any input, comments or specific edits, please provide them by no later than Wednesday October 19th. HB 65 Re: Foreclosure Debt Relief HB 281 -Re: Notice of Termination of tenancies. Revising Section 83.57 HB 145 Re: Residential Foreclosure Proceedings SB 218 Re: Tax on Transient Rentals HB 149 Re: Website Notice of Foreclosure Action Kindly direct any comments directly to my email, with copy to Scott Frank, our legislative Chair. Thank you Neil Image removed by sender. Neil B. Shoter Partner / LEED Accredited Professional _____ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/attorneys-Neil-Shoter.html> Biography | <http://www.shutts.com/vcard-181.vcf> V-Card | <http://www.shutts.com/> Website 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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

HH

Harry Heist

Tue, Dec 6, 2011 9:16 PM

I would love to know how to advise my clients on this.

Scenario: The property manager gets fired, owner wants to self manage.
Property manager has been holding the Sec Dep in her Escrow Account.

Question: Can the property manager move the money from the Escrow Account to
the owner's Florida bank account (escrow) and notify the tenant or does the
tenant have to give permission? If you ask for permission, most tenants
will say NO.

Law: FS 83.49 . (7) Upon the sale or transfer of title of the rental
property from one owner to another, or upon a change in the designated
rental agent, any and all security deposits or advance rents being held for
the benefit of the tenants shall be transferred to the new owner or agent,
together with any earned interest and with an accurate accounting showing
the amounts to be credited to each tenant account. Upon the transfer of such
funds and records as stated herein, and upon transmittal of a written
receipt therefor, the transferor shall be free from the obligation imposed
in subsection (1) to hold such moneys on behalf of the tenant. However,
nothing herein shall excuse the landlord or agent for a violation of the
provisions of this section while in possession of such deposits. .

2 ways to read this:

If NEW OWNER or NEW AGENT, just transfer the money. If CURRENT OWNER
wants it YOU CAN'T TRANSFER (without permission of tenant)

OR

"CURRENT OWNER" is not mentioned because it is IMPLIED that it would be
OK to transfer to the CURRENT OWNER with no need for tenant permission.

I always told my clients to get tenant permission if it is being transferred
to the CURRENT OWNER but as mentioned, often the tenant refuses. I asked a
FREC Commissioner and he said 'FREC COULD NOT CARE LESS" and FREC does not
want to be involved. One of my property manager clients got sued by the
CURRENT OWNER a while back because the property manager followed my advice
and would not transfer the money to the CURRENT OWNER without the tenant
permission as the tenant was still in the unit and the judge said that
permission by the tenant was not necessary.

Thoughts? Is it better to ask for permission or forgiveness??? I am not
so much worried about the statute as it is weak in the penalty arena BUT I
worry about FREC as this would be considered "failure to account and
deliver". Is there any way to get a FREC opinion?

Harry

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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.

I would love to know how to advise my clients on this. Scenario: The property manager gets fired, owner wants to self manage. Property manager has been holding the Sec Dep in her Escrow Account. Question: Can the property manager move the money from the Escrow Account to the owner's Florida bank account (escrow) and notify the tenant or does the tenant have to give permission? If you ask for permission, most tenants will say NO. Law: FS 83.49 . (7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records as stated herein, and upon transmittal of a written receipt therefor, the transferor shall be free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. However, nothing herein shall excuse the landlord or agent for a violation of the provisions of this section while in possession of such deposits. . 2 ways to read this: 1. If NEW OWNER or NEW AGENT, just transfer the money. If CURRENT OWNER wants it YOU CAN'T TRANSFER (without permission of tenant) OR 2. "CURRENT OWNER" is not mentioned because it is IMPLIED that it would be OK to transfer to the CURRENT OWNER with no need for tenant permission. I always told my clients to get tenant permission if it is being transferred to the CURRENT OWNER but as mentioned, often the tenant refuses. I asked a FREC Commissioner and he said 'FREC COULD NOT CARE LESS" and FREC does not want to be involved. One of my property manager clients got sued by the CURRENT OWNER a while back because the property manager followed my advice and would not transfer the money to the CURRENT OWNER without the tenant permission as the tenant was still in the unit and the judge said that permission by the tenant was not necessary. Thoughts? Is it better to ask for permission or forgiveness??? I am not so much worried about the statute as it is weak in the penalty arena BUT I worry about FREC as this would be considered "failure to account and deliver". Is there any way to get a FREC opinion? Harry LAW OFFICES OF HEIST, WEISSE, DAVIS & 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.

GH

Greg Hass

Tue, Dec 6, 2011 9:29 PM

Harry,

My interpretation of 83.59 (7) is consistent with yours. I don't believe the statute authorizes the release to the LL where the LL self-designates himself as the new "property manager". I agree that the T's permission should be obtained in that circumstance.

The only way to get a FREC opinion these days would be to ask FREC for a declaratory statement. In the past, when FREC had a private attorney (Danny Villazon) representing them, Danny would sometimes read letters he received on behalf of FREC at the beginning of their meetings and they would informally advise Danny on how they wanted him to respond. But these days FREC has someone from the AGO representing them at their meetings and I don't believe they engage in informal letter writing anymore.

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

[cid:image001.jpg@01C8B0EE.0B556530]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, December 06, 2011 4:16 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Strange Question/Common situation

I would love to know how to advise my clients on this.

Scenario: The property manager gets fired, owner wants to self manage. Property manager has been holding the Sec Dep in her Escrow Account.
Question: Can the property manager move the money from the Escrow Account to the owner's Florida bank account (escrow) and notify the tenant or does the tenant have to give permission? If you ask for permission, most tenants will say NO.

Law: FS 83.49 ... (7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records as stated herein, and upon transmittal of a written receipt therefor, the transferor shall be free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. However, nothing herein shall excuse the landlord or agent for a violation of the provisions of this section while in possession of such deposits. ...

2 ways to read this:

If NEW OWNER or NEW AGENT, just transfer the money. If CURRENT OWNER wants it YOU CAN'T TRANSFER (without permission of tenant)

OR

"CURRENT OWNER" is not mentioned because it is IMPLIED that it would be OK to transfer to the CURRENT OWNER with no need for tenant permission.

I always told my clients to get tenant permission if it is being transferred to the CURRENT OWNER but as mentioned, often the tenant refuses. I asked a FREC Commissioner and he said 'FREC COULD NOT CARE LESS" and FREC does not want to be involved. One of my property manager clients got sued by the CURRENT OWNER a while back because the property manager followed my advice and would not transfer the money to the CURRENT OWNER without the tenant permission as the tenant was still in the unit and the judge said that permission by the tenant was not necessary.

Thoughts? Is it better to ask for permission or forgiveness??? I am not so much worried about the statute as it is weak in the penalty arena BUT I worry about FREC as this would be considered "failure to account and deliver". Is there any way to get a FREC opinion?

Harry

LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

Harry, My interpretation of 83.59 (7) is consistent with yours. I don't believe the statute authorizes the release to the LL where the LL self-designates himself as the new "property manager". I agree that the T's permission should be obtained in that circumstance. The only way to get a FREC opinion these days would be to ask FREC for a declaratory statement. In the past, when FREC had a private attorney (Danny Villazon) representing them, Danny would sometimes read letters he received on behalf of FREC at the beginning of their meetings and they would informally advise Danny on how they wanted him to respond. But these days FREC has someone from the AGO representing them at their meetings and I don't believe they engage in informal letter writing anymore. 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 [cid:image001.jpg@01C8B0EE.0B556530] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Tuesday, December 06, 2011 4:16 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Strange Question/Common situation I would love to know how to advise my clients on this. Scenario: The property manager gets fired, owner wants to self manage. Property manager has been holding the Sec Dep in her Escrow Account. Question: Can the property manager move the money from the Escrow Account to the owner's Florida bank account (escrow) and notify the tenant or does the tenant have to give permission? If you ask for permission, most tenants will say NO. Law: FS 83.49 ... (7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records as stated herein, and upon transmittal of a written receipt therefor, the transferor shall be free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. However, nothing herein shall excuse the landlord or agent for a violation of the provisions of this section while in possession of such deposits. ... 2 ways to read this: 1. If NEW OWNER or NEW AGENT, just transfer the money. If CURRENT OWNER wants it YOU CAN'T TRANSFER (without permission of tenant) OR 2. "CURRENT OWNER" is not mentioned because it is IMPLIED that it would be OK to transfer to the CURRENT OWNER with no need for tenant permission. I always told my clients to get tenant permission if it is being transferred to the CURRENT OWNER but as mentioned, often the tenant refuses. I asked a FREC Commissioner and he said 'FREC COULD NOT CARE LESS" and FREC does not want to be involved. One of my property manager clients got sued by the CURRENT OWNER a while back because the property manager followed my advice and would not transfer the money to the CURRENT OWNER without the tenant permission as the tenant was still in the unit and the judge said that permission by the tenant was not necessary. Thoughts? Is it better to ask for permission or forgiveness??? I am not so much worried about the statute as it is weak in the penalty arena BUT I worry about FREC as this would be considered "failure to account and deliver". Is there any way to get a FREC opinion? Harry LAW OFFICES OF HEIST, WEISSE, DAVIS & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

JM

Jeff Mazor

Wed, Dec 7, 2011 12:10 AM

We've been asked to file an commercial eviction action. The owners include
(a) the property management "businessman" who put the project together, took
a 1% interest and found the victims, I mean the investors; and, (b) about
three dozen Tenants in Common (TIC's), who each own different percentages of
the property totaling 99.0%.

The TIC Agreement requires the approval or consent of TIC's owning over 50%
of the undivided interest in the property for such an eviction; and, if a
TIC fails to send in a notice of disapproval within 15 days, that will be
deemed to be approval.

In this case, tenants-in-common representing more than the required 50%
consented to the eviction; the other TIC's did not object or respond within
the 15 days, and so we concluded that the voting TIC's approved and the
abstaining TIC's were deemed to have approved of the eviction.

... until just now, when the 1% TIC owner who had managed the place has
suddenly awakened and voiced an objection.

The research has not been fruitful. Please, can you offer any guidance on
the following:

Do we have authority to file suit pursuant to that approval of over
people holding over 50% of the undivided interest?
If so, who is/are the Plaintiffs? These are 30+ individual owners, with
no fictitious name registration, corporation, or other easy nominee.
Likewise, who are our clients?
Assuming we can file, can we name all the TIC's as party Plaintiffs?
The 1% guy objects. What about just naming the actively consenting owners?
What does that do to any judgment?

Looking forward to your responses.

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

www.mailfiler.com [JRM-VN6BVE4]

We've been asked to file an commercial eviction action. The owners include (a) the property management "businessman" who put the project together, took a 1% interest and found the victims, I mean the investors; and, (b) about three dozen Tenants in Common (TIC's), who each own different percentages of the property totaling 99.0%. The TIC Agreement requires the approval or consent of TIC's owning over 50% of the undivided interest in the property for such an eviction; and, if a TIC fails to send in a notice of disapproval within 15 days, that will be deemed to be approval. In this case, tenants-in-common representing more than the required 50% consented to the eviction; the other TIC's did not object or respond within the 15 days, and so we concluded that the voting TIC's approved and the abstaining TIC's were deemed to have approved of the eviction. ... until just now, when the 1% TIC owner who had managed the place has suddenly awakened and voiced an objection. The research has not been fruitful. Please, can you offer any guidance on the following: 1. Do we have authority to file suit pursuant to that approval of over people holding over 50% of the undivided interest? 2. If so, who is/are the Plaintiffs? These are 30+ individual owners, with no fictitious name registration, corporation, or other easy nominee. 3. Likewise, who are our clients? 4. Assuming we can file, can we name all the TIC's as party Plaintiffs? The 1% guy objects. What about just naming the actively consenting owners? What does that do to any judgment? Looking forward to your responses. 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 www.mailfiler.com [JRM-VN6BVE4]

HW

Heist, Weisse & Wolk

Tue, Dec 4, 2012 6:13 PM

We are seeing a lot more cases where HOAs and Condo Associations are giving
applicants and tenants a hard time about service animals. Often the Condo's
and HOA's are blatantly violating the law and I can tell from their attorney
demand and threat letters that the HOA and CA attorneys do not know the law.

If anyone is interested in taking/exploring these cases on behalf of
tenants and applicants please let me know as we don't handle these cases.

Thanks,

Harry Heist

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.

We are seeing a lot more cases where HOAs and Condo Associations are giving applicants and tenants a hard time about service animals. Often the Condo's and HOA's are blatantly violating the law and I can tell from their attorney demand and threat letters that the HOA and CA attorneys do not know the law. If anyone is interested in taking/exploring these cases on behalf of tenants and applicants please let me know as we don't handle these cases. Thanks, Harry Heist 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.

LC

Leonard Cabral

Sun, Jan 13, 2013 6:26 AM

Harry:
Sorry for the late reply. I would be willing to look at any service animal issues. Send them to me.

Leonard P. Cabral, Esq.
212 N. Park Ave., Suite 14
Sanford, FL 32771
(407) 330-4998
Lenslaw@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Tuesday, December 04, 2012 13:13
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Service Animal Cases

We are seeing a lot more cases where HOAs and Condo Associations are giving applicants and tenants a hard time about service animals. Often the Condo's and HOA's are blatantly violating the law and I can tell from their attorney demand and threat letters that the HOA and CA attorneys do not know the law.

If anyone is interested in taking/exploring these cases on behalf of tenants and applicants please let me know as we don't handle these cases.

Thanks,

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

Harry: Sorry for the late reply. I would be willing to look at any service animal issues. Send them to me. Leonard P. Cabral, Esq. 212 N. Park Ave., Suite 14 Sanford, FL 32771 (407) 330-4998 Lenslaw@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk Sent: Tuesday, December 04, 2012 13:13 To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Service Animal Cases We are seeing a lot more cases where HOAs and Condo Associations are giving applicants and tenants a hard time about service animals. Often the Condo's and HOA's are blatantly violating the law and I can tell from their attorney demand and threat letters that the HOA and CA attorneys do not know the law. If anyone is interested in taking/exploring these cases on behalf of tenants and applicants please let me know as we don't handle these cases. Thanks, Harry Heist LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

SW

Shane Weaver

Mon, Jan 14, 2013 6:39 PM

Harry,

I must have missed your message, as well. Any such cases within Palm Beach, Martin or Okeechobee County can be sent to our office.

Thank you,
Shane

Shane Weaver, Esq.
Fair Housing Project
Legal Aid Society of Palm Beach County, Inc.
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Sunday, January 13, 2013 1:27 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Service Animal Cases

Harry:
Sorry for the late reply. I would be willing to look at any service animal issues. Send them to me.

Leonard P. Cabral, Esq.
212 N. Park Ave., Suite 14
Sanford, FL 32771
(407) 330-4998
Lenslaw@lenslaw.com mailto:Lenslaw@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Tuesday, December 04, 2012 13:13
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Service Animal Cases

We are seeing a lot more cases where HOAs and Condo Associations are giving applicants and tenants a hard time about service animals. Often the Condo's and HOA's are blatantly violating the law and I can tell from their attorney demand and threat letters that the HOA and CA attorneys do not know the law.

If anyone is interested in taking/exploring these cases on behalf of tenants and applicants please let me know as we don't handle these cases.

Thanks,

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

Harry, I must have missed your message, as well. Any such cases within Palm Beach, Martin or Okeechobee County can be sent to our office. Thank you, Shane Shane Weaver, Esq. Fair Housing Project Legal Aid Society of Palm Beach County, Inc. 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Tel. (561) 822-9785 Fax (561) 822-9885 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Sunday, January 13, 2013 1:27 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Service Animal Cases Harry: Sorry for the late reply. I would be willing to look at any service animal issues. Send them to me. Leonard P. Cabral, Esq. 212 N. Park Ave., Suite 14 Sanford, FL 32771 (407) 330-4998 Lenslaw@lenslaw.com<mailto:Lenslaw@lenslaw.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk Sent: Tuesday, December 04, 2012 13:13 To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Service Animal Cases We are seeing a lot more cases where HOAs and Condo Associations are giving applicants and tenants a hard time about service animals. Often the Condo's and HOA's are blatantly violating the law and I can tell from their attorney demand and threat letters that the HOA and CA attorneys do not know the law. If anyone is interested in taking/exploring these cases on behalf of tenants and applicants please let me know as we don't handle these cases. Thanks, Harry Heist LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

HW

Heist, Weisse & Wolk

Sun, Oct 20, 2013 9:19 PM

Does anyone have an opinion on requiring the tenant to be made responsible in the lease for extermination in the multifamily housing setting?

Harry

83.51 Landlord’s obligation to maintain premises.—

(1) The landlord at all times during the tenancy shall:

(a) Comply with the requirements of applicable building, housing, and health codes; or

(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.

The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.

2. Locks and keys.

3. The clean and safe condition of common areas.

4. Garbage removal and outside receptacles therefor.

5. Functioning facilities for heat during winter, running water, and hot water.

(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.

(c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.59.html .

(d) This subsection shall not apply to a mobile home owned by a tenant.

(e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.

(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).

(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.

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.

Does anyone have an opinion on requiring the tenant to be made responsible in the lease for extermination in the multifamily housing setting? Harry 83.51 Landlord’s obligation to maintain premises.— (1) The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement. The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex. (2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for: 1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph. 2. Locks and keys. 3. The clean and safe condition of common areas. 4. Garbage removal and outside receptacles therefor. 5. Functioning facilities for heat during winter, running water, and hot water. (b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards. (c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.59.html> . (d) This subsection shall not apply to a mobile home owned by a tenant. (e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities. (3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1). (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent. 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.

AJ

Anthony J. Horky

Sun, Oct 20, 2013 11:13 PM

Harry: The failure of one tenant to comply with this provision could result in an infestation throughout the multifamily building. If all tenants are responsible for extermination, than once an infestation starts due to one tenant’s failure to comply, the remaining tenants will be required to incur additional costs over and above routine spraying for instance, to eliminate the infestation. Or, if only one tenant has this provision in their lease and they fail to comply, an infestation could mean the landlord has to incur additional costs to rid the entire building of rats, ants, roaches, etc. , while at the same time receiving complaints from the other tenants.

Regards,

image001

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

Telephone: (561) 989-3206

Facsimile: (561) 989-3204

Website: http://www.horkylaw.com/ www.horkylaw.com

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 Heist, Weisse & Wolk
Sent: Sunday, October 20, 2013 5:20 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Extermination Multi Family

Does anyone have an opinion on requiring the tenant to be made responsible in the lease for extermination in the multifamily housing setting?

Harry

83.51 Landlord’s obligation to maintain premises.—

(1) The landlord at all times during the tenancy shall:

(a) Comply with the requirements of applicable building, housing, and health codes; or

(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.

The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.

2. Locks and keys.

3. The clean and safe condition of common areas.

4. Garbage removal and outside receptacles therefor.

5. Functioning facilities for heat during winter, running water, and hot water.

(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.

(c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.59.html .

(d) This subsection shall not apply to a mobile home owned by a tenant.

(e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.

(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).

(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.

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.

Harry: The failure of one tenant to comply with this provision could result in an infestation throughout the multifamily building. If all tenants are responsible for extermination, than once an infestation starts due to one tenant’s failure to comply, the remaining tenants will be required to incur additional costs over and above routine spraying for instance, to eliminate the infestation. Or, if only one tenant has this provision in their lease and they fail to comply, an infestation could mean the landlord has to incur additional costs to rid the entire building of rats, ants, roaches, etc. , while at the same time receiving complaints from the other tenants. Regards, image001 Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 Telephone: (561) 989-3206 Facsimile: (561) 989-3204 Website: <http://www.horkylaw.com/> www.horkylaw.com 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 Heist, Weisse & Wolk Sent: Sunday, October 20, 2013 5:20 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Extermination Multi Family Does anyone have an opinion on requiring the tenant to be made responsible in the lease for extermination in the multifamily housing setting? Harry 83.51 Landlord’s obligation to maintain premises.— (1) The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement. The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex. (2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for: 1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph. 2. Locks and keys. 3. The clean and safe condition of common areas. 4. Garbage removal and outside receptacles therefor. 5. Functioning facilities for heat during winter, running water, and hot water. (b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards. (c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.59.html> . (d) This subsection shall not apply to a mobile home owned by a tenant. (e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities. (3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1). (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent. 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.

landten@lists.flabarrpptl.org

[RPPTL LandTen] Proposed House/Senate Bills.