[RPPTL LandTen] (no subject)
The final version of the Residential Leases and Landlord/Tenant
litigation forms for use by non lawyers as approved by the Supreme Court
on 4/15 is attached for anyone who is interested.
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/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website
http://www.shutts.com/
</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law. If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential. If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited. If you have<br>received this email in error, please notify the sender by<br>email reply. Thank you.<br><pre>
Neil:
Having been a part of the revisions in the beginning, it is great to see the end results. Job well done!
Attorney Beverly R. Barnett
Thornton & Torrence, P.A.
6709 Ridge Road Ste. 106
Port Richey, FL 34668
Tele: 727-845-6224
Fax: 727-845-7895
The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the adressee, you are hereby notified that any dissemination or copying of this communication in strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, April 19, 2010 12:00 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] (no subject)
The final version of the Residential Leases and Landlord/Tenant litigation forms for use by non lawyers as approved by the Supreme Court on 4/15 is attached for anyone who is interested.
[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/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/
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.
Hey All,
I practice primarily in residential L/T cases and know that disposal of tenant property is stated clearly in the statute and usage of Ch. 715 is optional. I have a client who evicted a commercial tenant and I need to dispose of the property left behind. I looked through Part I of Ch. 83, but can't find an express process to follow.
Does anyone know what statutory procedure I'm obligated to use for disposal of a commercial tenant's property after the Writ of Possession has been served? Thanks in advance.
Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.
--- On Mon, 4/19/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: [RPPTL LandTen] (no subject)
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Monday, April 19, 2010, 11:59 AM
The final version of the Residential Leases and Landlord/Tenant litigation forms for use by non lawyers as approved by the Supreme Court on 4/15 is attached for anyone who is interested.
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 | Biography | V-Card | 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.
-----Inline Attachment Follows-----
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I would start with the lease and look for language regarding the
disposition of property. If the lease is silent, I recommend to my
clients that they attempt to have the dispossessed tenant remove it and,
if not, to follow Ch. 715. If the property has value, I also do a UCC-1
search to verify if there are any lien holders and also serve them with
the appropriate Ch. 715 notice.
Regards,
Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard
Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
Telephone: 954.467.2200 ext. 225
Facsimile: 954.467.2210
E-Mail: ahorky@mbhlawyer.com
Website: www.mbhlawyer.com
CONFIDENTIALITY NOTICE: Unless otherwise stated, 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
transmission in error, please notify the sender by email reply
immediately. Thank you.
Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the proceeding
message contains advice relating to a Federal tax issue, unless
expressly stated otherwise, the advice is not intended or written to be
used, and it cannot be used by the recipient or any other taxpayer, for
the purpose of avoiding Federal tax penalties, and was not written to
support the promotion or marketing of any transaction or matter
discussed herein.
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 sued 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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, May 06, 2010 1:37 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Disposal of Tenant Property
Hey All,
I practice primarily in residential L/T cases and know that disposal of
tenant property is stated clearly in the statute and usage of Ch. 715 is
optional. I have a client who evicted a commercial tenant and I need to
dispose of the property left behind. I looked through Part I of Ch. 83,
but can't find an express process to follow.
Does anyone know what statutory procedure I'm obligated to use for
disposal of a commercial tenant's property after the Writ of Possession
has been served? Thanks in advance.
Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.
--- On Mon, 4/19/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: [RPPTL LandTen] (no subject)
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Monday, April 19, 2010, 11:59 AM
The final version of the Residential Leases and Landlord/Tenant
litigation forms for use by non lawyers as approved by the Supreme Court
on 4/15 is attached for anyone who is interested.
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 http://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com
| Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website
http://www.shutts.com/
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.
-----Inline Attachment Follows-----
landten mailing list
landten@lists.flabarrpptl.org
<http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.
org>
http://mailman.fsr.com/mailman/listinfo/landten
No question its a royal pain; and no one wants to incur legal fees to do
these things. If at all possible to conclude it has very little value -
statutory threshold as of a couple years ago was $500 - you can just
toss the stuff. 715.105, 715.106, 715.109...
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Thursday, May 06, 2010 2:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
I would start with the lease and look for language regarding the
disposition of property. If the lease is silent, I recommend to my
clients that they attempt to have the dispossessed tenant remove it and,
if not, to follow Ch. 715. If the property has value, I also do a UCC-1
search to verify if there are any lien holders and also serve them with
the appropriate Ch. 715 notice.
Regards,
Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard
Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
Telephone: 954.467.2200 ext. 225
Facsimile: 954.467.2210
E-Mail: ahorky@mbhlawyer.com
Website: www.mbhlawyer.com
CONFIDENTIALITY NOTICE: Unless otherwise stated, 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
transmission in error, please notify the sender by email reply
immediately. Thank you.
Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the proceeding
message contains advice relating to a Federal tax issue, unless
expressly stated otherwise, the advice is not intended or written to be
used, and it cannot be used by the recipient or any other taxpayer, for
the purpose of avoiding Federal tax penalties, and was not written to
support the promotion or marketing of any transaction or matter
discussed herein.
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 sued 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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, May 06, 2010 1:37 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Disposal of Tenant Property
Hey All,
I practice primarily in residential L/T cases and know that disposal of
tenant property is stated clearly in the statute and usage of Ch. 715 is
optional. I have a client who evicted a commercial tenant and I need to
dispose of the property left behind. I looked through Part I of Ch. 83,
but can't find an express process to follow.
Does anyone know what statutory procedure I'm obligated to use for
disposal of a commercial tenant's property after the Writ of Possession
has been served? Thanks in advance.
Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.
--- On Mon, 4/19/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: [RPPTL LandTen] (no subject)
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Monday, April 19, 2010, 11:59 AM
The final version of the Residential Leases and Landlord/Tenant
litigation forms for use by non lawyers as approved by the Supreme Court
on 4/15 is attached for anyone who is interested.
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 http://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com
| Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website
http://www.shutts.com/
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.
-----Inline Attachment Follows-----
landten mailing list
landten@lists.flabarrpptl.org
<http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.
org>
http://mailman.fsr.com/mailman/listinfo/landten
Thanks for the reply, appreciate it.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.
--- On Thu, 5/6/10, Drobner, David S. ddrobner@carltonfields.com wrote:
From: Drobner, David S. ddrobner@carltonfields.com
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Thursday, May 6, 2010, 2:57 PM
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No question its a royal pain; and no one wants to incur legal fees to do these things. If at all possible to conclude it has very little value - statutory threshold as of a couple years ago was $500 - you can just toss the stuff. 715.105, 715.106, 715.109...
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, May 06, 2010 2:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
I would start with the lease and look for language regarding the disposition of property. If the lease is silent, I recommend to my clients that they attempt to have the dispossessed tenant remove it and, if not, to follow Ch. 715. If the property has value, I also do a UCC-1 search to verify if there are any lien holders and also serve them with the appropriate Ch. 715 notice.
Regards,
Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard
Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
Telephone: 954.467.2200 ext. 225
Facsimile: 954.467.2210
E-Mail: ahorky@mbhlawyer.com
Website: www.mbhlawyer.com
CONFIDENTIALITY NOTICE: Unless otherwise stated, 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 transmission in error, please notify the sender by email reply immediately. Thank you.
Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the proceeding message contains advice relating to a Federal tax issue, unless expressly stated otherwise, the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein.
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 sued 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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, May 06, 2010 1:37 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Disposal of Tenant Property
Hey All,
I practice primarily in residential L/T cases and know that disposal of tenant property is stated clearly in the statute and usage of Ch. 715 is optional. I have a client who evicted a commercial tenant and I need to dispose of the property left behind. I looked through Part I of Ch. 83, but can't find an express process to follow.
Does anyone know what statutory procedure I'm obligated to use for disposal of a commercial tenant's property after the Writ of Possession has been served? Thanks in advance.
Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.
--- On Mon, 4/19/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: [RPPTL LandTen] (no subject)
To: " RPPTL Landlord Tenant Committee " landten@lists.flabarrpptl.org
Date: Monday, April 19, 2010, 11:59 AM
The final version of the Residential Leases and Landlord/Tenant litigation forms for use by non lawyers as approved by the Supreme Court on 4/15 is attached for anyone who is interested.
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 | Biography | V-Card | 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.
-----Inline Attachment Follows-----
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
-----Inline Attachment Follows-----
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I don't like to rely upon the lease because I do not believe that the
tenant's agreement re: personal property will protect the landlord from
claims of third parties owners or lien holders. 715 is terrific - It just
saved us from a $250,000 claim.
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: mailto:Jmazor@Mazor.com Jmazor@Mazor.com
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, May 07, 2010 1:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
Thanks for the reply, appreciate it.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
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PROHIBITED.
--- On Thu, 5/6/10, Drobner, David S. ddrobner@carltonfields.com wrote:
From: Drobner, David S. ddrobner@carltonfields.com
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Thursday, May 6, 2010, 2:57 PM
No question its a royal pain; and no one wants to incur legal fees to do
these things. If at all possible to conclude it has very little value -
statutory threshold as of a couple years ago was $500 - you can just toss
the stuff. 715.105, 715.106, 715.109...
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, May 06, 2010 2:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
I would start with the lease and look for language regarding the disposition
of property. If the lease is silent, I recommend to my clients that they
attempt to have the dispossessed tenant remove it and, if not, to follow Ch.
715. If the property has value, I also do a UCC-1 search to verify if there
are any lien holders and also serve them with the appropriate Ch. 715
notice.
Regards,
Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard
Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
Telephone: 954.467.2200 ext. 225
Facsimile: 954.467.2210
E-Mail: http://us.mc578.mail.yahoo.com/mc/compose?to=ahorky@mbhlawyer.com
ahorky@mbhlawyer.com
Website: http://www.mbhlawyer.com/ www.mbhlawyer.com
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
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to the intended recipient, you are hereby notified that any dissemination or
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Internal Revenue Service regulations require that certain types of written
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advice relating to a Federal tax issue, unless expressly stated otherwise,
the advice is not intended or written to be used, and it cannot be used by
the recipient or any other taxpayer, for the purpose of avoiding Federal tax
penalties, and was not written to support the promotion or marketing of any
transaction or matter discussed herein.
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 sued 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
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should be considered to have been written to support the promotion or
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or matter, and such taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, May 06, 2010 1:37 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Disposal of Tenant Property
Hey All,
I practice primarily in residential L/T cases and know that disposal of
tenant property is stated clearly in the statute and usage of Ch. 715 is
optional. I have a client who evicted a commercial tenant and I need to
dispose of the property left behind. I looked through Part I of Ch. 83, but
can't find an express process to follow.
Does anyone know what statutory procedure I'm obligated to use for disposal
of a commercial tenant's property after the Writ of Possession has been
served? Thanks in advance.
Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.
--- On Mon, 4/19/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: [RPPTL LandTen] (no subject)
To: " RPPTL Landlord Tenant Committee " landten@lists.flabarrpptl.org
Date: Monday, April 19, 2010, 11:59 AM
The final version of the Residential Leases and Landlord/Tenant litigation
forms for use by non lawyers as approved by the Supreme Court on 4/15 is
attached for anyone who is interested.
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
http://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> 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
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any attachments) is strictly prohibited. If you have
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-----Inline Attachment Follows-----
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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
http://mailman.fsr.com/mailman/listinfo/landten
-----Inline Attachment Follows-----
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http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org
landten@lists.flabarrpptl.org
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http://mailman.fsr.com/mailman/listinfo/landten
Where the property may have value, I always recommend that a UCC-1
search be performed before any determination is made. It's somewhat
time consuming and costly, but is the best way to protect landlord from
liability. Of course, the true owner or lien holder must make its
interest known to the public in order to identify and notify them. We
handled an eviction of a long haul truck depo and there were dozens of
trailers left on the property. A UCC-1 search revealed numerous
creditors and we served them all with the appropriate Ch. 715 letter.
Arrangements were made with the creditors and we avoided holding a
public sale.
Regards,
Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard
Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
Telephone: 954.467.2200 ext. 225
Facsimile: 954.467.2210
E-Mail: ahorky@mbhlawyer.com
Website: www.mbhlawyer.com
CONFIDENTIALITY NOTICE: Unless otherwise stated, 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
transmission in error, please notify the sender by email reply
immediately. Thank you.
Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the proceeding
message contains advice relating to a Federal tax issue, unless
expressly stated otherwise, the advice is not intended or written to be
used, and it cannot be used by the recipient or any other taxpayer, for
the purpose of avoiding Federal tax penalties, and was not written to
support the promotion or marketing of any transaction or matter
discussed herein.
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 sued 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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey
Mazor
Sent: Friday, May 07, 2010 2:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
I don't like to rely upon the lease because I do not believe that the
tenant's agreement re: personal property will protect the landlord from
claims of third parties owners or lien holders. 715 is terrific - It
just saved us from a $250,000 claim.
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 mailto:Jmazor@Mazor.com
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, May 07, 2010 1:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
Thanks for the reply, appreciate it.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.
--- On Thu, 5/6/10, Drobner, David S. ddrobner@carltonfields.com
wrote:
From: Drobner, David S. ddrobner@carltonfields.com
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Thursday, May 6, 2010, 2:57 PM
No question its a royal pain; and no one wants to incur legal fees to do
these things. If at all possible to conclude it has very little value -
statutory threshold as of a couple years ago was $500 - you can just
toss the stuff. 715.105, 715.106, 715.109...
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Thursday, May 06, 2010 2:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
I would start with the lease and look for language regarding the
disposition of property. If the lease is silent, I recommend to my
clients that they attempt to have the dispossessed tenant remove it and,
if not, to follow Ch. 715. If the property has value, I also do a UCC-1
search to verify if there are any lien holders and also serve them with
the appropriate Ch. 715 notice.
Regards,
Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard
Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
Telephone: 954.467.2200 ext. 225
Facsimile: 954.467.2210
E-Mail: ahorky@mbhlawyer.com
http://us.mc578.mail.yahoo.com/mc/compose?to=ahorky@mbhlawyer.com
Website: www.mbhlawyer.com http://www.mbhlawyer.com/
CONFIDENTIALITY NOTICE: Unless otherwise stated, 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
transmission in error, please notify the sender by email reply
immediately. Thank you.
Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the proceeding
message contains advice relating to a Federal tax issue, unless
expressly stated otherwise, the advice is not intended or written to be
used, and it cannot be used by the recipient or any other taxpayer, for
the purpose of avoiding Federal tax penalties, and was not written to
support the promotion or marketing of any transaction or matter
discussed herein.
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 sued 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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, May 06, 2010 1:37 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Disposal of Tenant Property
Hey All,
I practice primarily in residential L/T cases and know that disposal of
tenant property is stated clearly in the statute and usage of Ch. 715 is
optional. I have a client who evicted a commercial tenant and I need to
dispose of the property left behind. I looked through Part I of Ch. 83,
but can't find an express process to follow.
Does anyone know what statutory procedure I'm obligated to use for
disposal of a commercial tenant's property after the Writ of Possession
has been served? Thanks in advance.
Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.
--- On Mon, 4/19/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: [RPPTL LandTen] (no subject)
To: " RPPTL Landlord Tenant Committee " landten@lists.flabarrpptl.org
Date: Monday, April 19, 2010, 11:59 AM
The final version of the Residential Leases and Landlord/Tenant
litigation forms for use by non lawyers as approved by the Supreme Court
on 4/15 is attached for anyone who is interested.
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 http://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com
| Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website
http://www.shutts.com/
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.
-----Inline Attachment Follows-----
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<http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.
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http://mailman.fsr.com/mailman/listinfo/landten
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