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Arlene Udick

Tue, Jun 30, 2015 7:42 PM

This is something I probably should know -

Landlord and Tenant have a written lease. Term begins on the first day of the month. Rent is due in advance. Tenant changes jobs and due to new job pay cycle, tenant asks landlord if he can pay on the 15th of the month. Landlord agrees. Lease expires and becomes a month to month tenancy. Landlord now wants to terminate the month to month lease. For purposes of notice of 15 day notice of termination, does the month to month tenancy begin on the first of the month pursuant to the expired lease or has the beginning of the term shifted to the 15th of the month, the day the tenant pays the rent. Thanks. Arlene

[Udick Law Logo_sig]

Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176

EMAIL CONFIDENTIALITY: The information contained in this electronic message may contain attorney-client privilege and confidential information intended only for use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify the sender by return email and/or by telephone at 352-391-1888.

This is something I probably should know - Landlord and Tenant have a written lease. Term begins on the first day of the month. Rent is due in advance. Tenant changes jobs and due to new job pay cycle, tenant asks landlord if he can pay on the 15th of the month. Landlord agrees. Lease expires and becomes a month to month tenancy. Landlord now wants to terminate the month to month lease. For purposes of notice of 15 day notice of termination, does the month to month tenancy begin on the first of the month pursuant to the expired lease or has the beginning of the term shifted to the 15th of the month, the day the tenant pays the rent. Thanks. Arlene [Udick Law Logo_sig] Arlene C. Udick, Esq. (p) 352-391-1888 (c) 352-217-3176 EMAIL CONFIDENTIALITY: The information contained in this electronic message may contain attorney-client privilege and confidential information intended only for use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify the sender by return email and/or by telephone at 352-391-1888.

CS

Cary Sabol

Tue, Jun 30, 2015 8:03 PM

I would go with the 15th due to the parties' agreed upon change in rental term.
Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: Arlene Udick arlene@udicklaw.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, June 30, 2015 3:42 PM
Subject: [RPPTL LandTen] Landlord Tenant 101.

This is something I probably should know – Landlord and Tenant have a written lease. Term begins on the first day of the month. Rent is due in advance. Tenant changes jobs and due to new job pay cycle, tenant asks landlord if he can pay on the 15th of the month. Landlord agrees. Lease expires and becomes a month to month tenancy. Landlord now wants to terminate the month to month lease. For purposes of notice of 15 day notice of termination, does the month to month tenancy begin on the first of the month pursuant to the expired lease or has the beginning of the term shifted to the 15th of the month, the day the tenant pays the rent. Thanks. Arlene

Arlene C. Udick, Esq. (p) 352-391-1888 (c) 352-217-3176 EMAIL CONFIDENTIALITY: The information contained in this electronic message may contain attorney-client privilege and confidential information intended only for use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify the sender by return email and/or by telephone at 352-391-1888.

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

I would go with the 15th due to the parties' agreed upon change in rental term. Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. From: Arlene Udick <arlene@udicklaw.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, June 30, 2015 3:42 PM Subject: [RPPTL LandTen] Landlord Tenant 101. This is something I probably should know – Landlord and Tenant have a written lease. Term begins on the first day of the month. Rent is due in advance. Tenant changes jobs and due to new job pay cycle, tenant asks landlord if he can pay on the 15th of the month. Landlord agrees. Lease expires and becomes a month to month tenancy. Landlord now wants to terminate the month to month lease. For purposes of notice of 15 day notice of termination, does the month to month tenancy begin on the first of the month pursuant to the expired lease or has the beginning of the term shifted to the 15th of the month, the day the tenant pays the rent. Thanks. Arlene Arlene C. Udick, Esq. (p) 352-391-1888 (c) 352-217-3176 EMAIL CONFIDENTIALITY: The information contained in this electronic message may contain attorney-client privilege and confidential information intended only for use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify the sender by return email and/or by telephone at 352-391-1888. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

L

lesstevens

Tue, Jun 30, 2015 8:10 PM

Why wouldn’t it be the 1st, since the only term that changed was when payment was due..it did not change the “term” of the lease, only the acceptance date for rent. I understand that rent is paid “in advance”; however, that term could deem to be modified by the actions of the parties.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, June 30, 2015 4:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Landlord Tenant 101.

I would go with the 15th due to the parties' agreed upon change in rental term.

Cary

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Phone: (561) 281-2744

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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Arlene Udick arlene@udicklaw.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, June 30, 2015 3:42 PM
Subject: [RPPTL LandTen] Landlord Tenant 101.

This is something I probably should know –

Landlord and Tenant have a written lease. Term begins on the first day of the month. Rent is due in advance. Tenant changes jobs and due to new job pay cycle, tenant asks landlord if he can pay on the 15th of the month. Landlord agrees. Lease expires and becomes a month to month tenancy. Landlord now wants to terminate the month to month lease. For purposes of notice of 15 day notice of termination, does the month to month tenancy begin on the first of the month pursuant to the expired lease or has the beginning of the term shifted to the 15th of the month, the day the tenant pays the rent. Thanks. Arlene

Udick Law Logo_sig

Arlene C. Udick, Esq.

(p) 352-391-1888

(c) 352-217-3176

EMAIL CONFIDENTIALITY: The information contained in this electronic message may contain attorney-client privilege and confidential information intended only for use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify the sender by return email and/or by telephone at 352-391-1888.

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

Why wouldn’t it be the 1st, since the only term that changed was when payment was due..it did not change the “term” of the lease, only the acceptance date for rent. I understand that rent is paid “in advance”; however, that term could deem to be modified by the actions of the parties. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Tuesday, June 30, 2015 4:03 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Landlord Tenant 101. I would go with the 15th due to the parties' agreed upon change in rental term. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 _____ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. _____ From: Arlene Udick <arlene@udicklaw.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, June 30, 2015 3:42 PM Subject: [RPPTL LandTen] Landlord Tenant 101. This is something I probably should know – Landlord and Tenant have a written lease. Term begins on the first day of the month. Rent is due in advance. Tenant changes jobs and due to new job pay cycle, tenant asks landlord if he can pay on the 15th of the month. Landlord agrees. Lease expires and becomes a month to month tenancy. Landlord now wants to terminate the month to month lease. For purposes of notice of 15 day notice of termination, does the month to month tenancy begin on the first of the month pursuant to the expired lease or has the beginning of the term shifted to the 15th of the month, the day the tenant pays the rent. Thanks. Arlene Udick Law Logo_sig Arlene C. Udick, Esq. (p) 352-391-1888 (c) 352-217-3176 EMAIL CONFIDENTIALITY: The information contained in this electronic message may contain attorney-client privilege and confidential information intended only for use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify the sender by return email and/or by telephone at 352-391-1888. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten