Empathy List Archives

LO

Law Offices of Scott A. Frank

Thu, May 10, 2012 12:39 PM

Here's the situation: Landlord is listed on lease as Bob and Sara Smith.
Tenant has always made checks payable to "Bob and Sara Smith" and mailed
them. Earlier this month, Bob brought the uncashed May rent check to the
house and asked for a replacement check. He told the tenant that Bob and
Sara were divorcing, and that the house was staying with Bob. He showed the
tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant
that Sara had left the country to go home. With the deed as evidence, the
tenant wrote the check to Bob alone. The next week, Sara came to the house
screaming for her rent. The tenant told her he had paid Bob. She did not
accept the explanation (although there is a language issue as well, so I
cannot guaranty how much she understood). She came back 2 days later
screaming again.

Tenant is now nervous that she may try to serve a three-day notice. If and
when she does, I know that the obvious defense is one of payment, but I
would like to hear from some of the residential eviction pros out there as
to how strong the tenant's defense will be, or if you think she actually has
a shot at eviction if he doesn't pay the rent again.

And with respect to June rent, my inclination is to advise him to write the
check jointly, unless he receives written instructions from both of them
otherwise. While I would not put it past the husband to forge the wife's
name, at least in that instance it would not be the tenant's problem. Any
thoughts on that issue as well?

As always, thank you for your insight.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p: (561) 372-7860

f: (561) 423-5721

mailto:sfrank@saflaw.com sfrank@saflaw.com

http://www.saflaw.com/ www.saflaw.com

If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

Here's the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to "Bob and Sara Smith" and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again. Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant's defense will be, or if you think she actually has a shot at eviction if he doesn't pay the rent again. And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife's name, at least in that instance it would not be the tenant's problem. Any thoughts on that issue as well? As always, thank you for your insight. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487 p: (561) 372-7860 f: (561) 423-5721 <mailto:sfrank@saflaw.com> sfrank@saflaw.com <http://www.saflaw.com/> www.saflaw.com If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

EJ

Eric Jacobs

Thu, May 10, 2012 12:55 PM

I think the defense is a slam dunk.

Sent from my iphone

On May 10, 2012, at 8:40 AM, "Law Offices of Scott A. Frank" <
sfrank@saflaw.com> wrote:

Here’s the situation: Landlord is listed on lease as Bob and Sara Smith.
Tenant has always made checks payable to “Bob and Sara Smith” and mailed
them. Earlier this month, Bob brought the uncashed May rent check to the
house and asked for a replacement check. He told the tenant that Bob and
Sara were divorcing, and that the house was staying with Bob. He showed
the tenant a recorded quitclaim deed from Sara to Bob. He also told the
tenant that Sara had left the country to go home. With the deed as
evidence, the tenant wrote the check to Bob alone. The next week, Sara
came to the house screaming for her rent. The tenant told her he had paid
Bob. She did not accept the explanation (although there is a language
issue as well, so I cannot guaranty how much she understood). She came
back 2 days later screaming again.

Tenant is now nervous that she may try to serve a three-day notice. If and
when she does, I know that the obvious defense is one of payment, but I
would like to hear from some of the residential eviction pros out there as
to how strong the tenant’s defense will be, or if you think she actually
has a shot at eviction if he doesn’t pay the rent again.

And with respect to June rent, my inclination is to advise him to write the
check jointly, unless he receives written instructions from both of them
otherwise. While I would not put it past the husband to forge the wife’s
name, at least in that instance it would not be the tenant’s problem. Any
thoughts on that issue as well?

As always, thank you for your insight.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p: (561) 372-7860

f: (561) 423-5721

sfrank@saflaw.com

www.saflaw.com

*If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
*

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

I think the defense is a slam dunk. Sent from my iphone On May 10, 2012, at 8:40 AM, "Law Offices of Scott A. Frank" < sfrank@saflaw.com> wrote: Here’s the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to “Bob and Sara Smith” and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again. Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant’s defense will be, or if you think she actually has a shot at eviction if he doesn’t pay the rent again. And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife’s name, at least in that instance it would not be the tenant’s problem. Any thoughts on that issue as well? As always, thank you for your insight. *Scott A. Frank* Attorney at Law *LAW OFFICES OF SCOTT A. FRANK, P.A.* 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487 p: (561) 372-7860 f: (561) 423-5721 sfrank@saflaw.com www.saflaw.com *If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. * _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

EJ

Eric Jacobs

Thu, May 10, 2012 12:58 PM

I would pay rent to whoever the landlord under the lease is.
Alternatively, I would wait and put it in the court registry

Sent from my iphone

On May 10, 2012, at 8:40 AM, "Law Offices of Scott A. Frank" <
sfrank@saflaw.com> wrote:

Here’s the situation: Landlord is listed on lease as Bob and Sara Smith.
Tenant has always made checks payable to “Bob and Sara Smith” and mailed
them. Earlier this month, Bob brought the uncashed May rent check to the
house and asked for a replacement check. He told the tenant that Bob and
Sara were divorcing, and that the house was staying with Bob. He showed
the tenant a recorded quitclaim deed from Sara to Bob. He also told the
tenant that Sara had left the country to go home. With the deed as
evidence, the tenant wrote the check to Bob alone. The next week, Sara
came to the house screaming for her rent. The tenant told her he had paid
Bob. She did not accept the explanation (although there is a language
issue as well, so I cannot guaranty how much she understood). She came
back 2 days later screaming again.

Tenant is now nervous that she may try to serve a three-day notice. If and
when she does, I know that the obvious defense is one of payment, but I
would like to hear from some of the residential eviction pros out there as
to how strong the tenant’s defense will be, or if you think she actually
has a shot at eviction if he doesn’t pay the rent again.

And with respect to June rent, my inclination is to advise him to write the
check jointly, unless he receives written instructions from both of them
otherwise. While I would not put it past the husband to forge the wife’s
name, at least in that instance it would not be the tenant’s problem. Any
thoughts on that issue as well?

As always, thank you for your insight.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p: (561) 372-7860

f: (561) 423-5721

sfrank@saflaw.com

www.saflaw.com

*If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
*

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

I would pay rent to whoever the landlord under the lease is. Alternatively, I would wait and put it in the court registry Sent from my iphone On May 10, 2012, at 8:40 AM, "Law Offices of Scott A. Frank" < sfrank@saflaw.com> wrote: Here’s the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to “Bob and Sara Smith” and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again. Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant’s defense will be, or if you think she actually has a shot at eviction if he doesn’t pay the rent again. And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife’s name, at least in that instance it would not be the tenant’s problem. Any thoughts on that issue as well? As always, thank you for your insight. *Scott A. Frank* Attorney at Law *LAW OFFICES OF SCOTT A. FRANK, P.A.* 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487 p: (561) 372-7860 f: (561) 423-5721 sfrank@saflaw.com www.saflaw.com *If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. * _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

CH

Chuck Hoskin

Thu, May 10, 2012 2:05 PM

Interesting question because you have privity of contract with the lease agreement and privity of estate for the real estate interest.

The landlord's interest in the property is a reversion. Sara transferred her reversion to Bob with the Quit Claim Deed. This terminates privity of estate between Sara and tenant and Sara loses the right to enforce the covenants against Tenant. Tenant should get or retain a copy of the QCD because that will be their defense to paying to Sara. Tenant needs to keep copies of the receipts from Bob.

Good luck!

Chuck

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com mailto:choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank
Sent: Thursday, May 10, 2012 7:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Residential lease with divorcing landlords

Here's the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to "Bob and Sara Smith" and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again.

Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant's defense will be, or if you think she actually has a shot at eviction if he doesn't pay the rent again.

And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife's name, at least in that instance it would not be the tenant's problem. Any thoughts on that issue as well?

As always, thank you for your insight.

Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com mailto:sfrank@saflaw.com
www.saflaw.com http://www.saflaw.com/

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Interesting question because you have privity of contract with the lease agreement and privity of estate for the real estate interest. The landlord's interest in the property is a reversion. Sara transferred her reversion to Bob with the Quit Claim Deed. This terminates privity of estate between Sara and tenant and Sara loses the right to enforce the covenants against Tenant. Tenant should get or retain a copy of the QCD because that will be their defense to paying to Sara. Tenant needs to keep copies of the receipts from Bob. Good luck! Chuck This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com<mailto:choskin@esclaw.com>) and then delete this message and all copies and backups thereof. Thank you. Charles P. Hoskin Direct Dial: 850-444-3881 Fax: 850-434-7163 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank Sent: Thursday, May 10, 2012 7:39 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Residential lease with divorcing landlords Here's the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to "Bob and Sara Smith" and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again. Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant's defense will be, or if you think she actually has a shot at eviction if he doesn't pay the rent again. And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife's name, at least in that instance it would not be the tenant's problem. Any thoughts on that issue as well? As always, thank you for your insight. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487 p: (561) 372-7860 f: (561) 423-5721 sfrank@saflaw.com<mailto:sfrank@saflaw.com> www.saflaw.com<http://www.saflaw.com/> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

SW

Shane Weaver

Thu, May 10, 2012 2:06 PM

Scott,

I think Sara has little to no chance of winning an eviction. Besides the possibly ironclad payment defense, there are also very strong misrepresentation/estoppel defenses. If it gets beyond the simple fact of payment to Bob, I can't imagine a judge would find it's a tenant's job to figure out joint landlords' divorce situation or verify with one what the other says.

In light of Sara's reaction, I definitely would make future payments payable to both landlords as per the lease and at least tender them. It would not be a good idea to non-tender them in the hope of depositing them in a later eviction.

Sincerely,

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

From: landten-bounces@lists.flabarrpptl.org [landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank [sfrank@saflaw.com]
Sent: Thursday, May 10, 2012 8:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Residential lease with divorcing landlords

Here’s the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to “Bob and Sara Smith” and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again.

Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant’s defense will be, or if you think she actually has a shot at eviction if he doesn’t pay the rent again.

And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife’s name, at least in that instance it would not be the tenant’s problem. Any thoughts on that issue as well?

As always, thank you for your insight.

Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com mailto:sfrank@saflaw.com
www.saflaw.com http://www.saflaw.com/

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Scott, I think Sara has little to no chance of winning an eviction. Besides the possibly ironclad payment defense, there are also very strong misrepresentation/estoppel defenses. If it gets beyond the simple fact of payment to Bob, I can't imagine a judge would find it's a tenant's job to figure out joint landlords' divorce situation or verify with one what the other says. In light of Sara's reaction, I definitely would make future payments payable to both landlords as per the lease and at least tender them. It would not be a good idea to non-tender them in the hope of depositing them in a later eviction. Sincerely, Shane Weaver, Esq. Legal Aid Society of Palm Beach County 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Tel. (561) 822-9785 Fax (561) 822-9885 ________________________________________ From: landten-bounces@lists.flabarrpptl.org [landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank [sfrank@saflaw.com] Sent: Thursday, May 10, 2012 8:39 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Residential lease with divorcing landlords Here’s the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to “Bob and Sara Smith” and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again. Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant’s defense will be, or if you think she actually has a shot at eviction if he doesn’t pay the rent again. And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife’s name, at least in that instance it would not be the tenant’s problem. Any thoughts on that issue as well? As always, thank you for your insight. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487 p: (561) 372-7860 f: (561) 423-5721 sfrank@saflaw.com<mailto:sfrank@saflaw.com> www.saflaw.com<http://www.saflaw.com/> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

LC

Leonard Cabral

Thu, May 10, 2012 8:07 PM

I would not let my client wait for an eviction. If there is a dispute
regarding who gets paid the rent I would file an Interpleader and let the
divorcing landlords duke it out.

Leonard Cabral

leonardcabral@cfl.rr.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Thursday, May 10, 2012 08:58
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Residential lease with divorcing landlords

I would pay rent to whoever the landlord under the lease is. Alternatively,
I would wait and put it in the court registry

Sent from my iphone

On May 10, 2012, at 8:40 AM, "Law Offices of Scott A. Frank"
sfrank@saflaw.com wrote:

Here's the situation: Landlord is listed on lease as Bob and Sara Smith.
Tenant has always made checks payable to "Bob and Sara Smith" and mailed
them. Earlier this month, Bob brought the uncashed May rent check to the
house and asked for a replacement check. He told the tenant that Bob and
Sara were divorcing, and that the house was staying with Bob. He showed the
tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant
that Sara had left the country to go home. With the deed as evidence, the
tenant wrote the check to Bob alone. The next week, Sara came to the house
screaming for her rent. The tenant told her he had paid Bob. She did not
accept the explanation (although there is a language issue as well, so I
cannot guaranty how much she understood). She came back 2 days later
screaming again.

Tenant is now nervous that she may try to serve a three-day notice. If and
when she does, I know that the obvious defense is one of payment, but I
would like to hear from some of the residential eviction pros out there as
to how strong the tenant's defense will be, or if you think she actually has
a shot at eviction if he doesn't pay the rent again.

And with respect to June rent, my inclination is to advise him to write the
check jointly, unless he receives written instructions from both of them
otherwise. While I would not put it past the husband to forge the wife's
name, at least in that instance it would not be the tenant's problem. Any
thoughts on that issue as well?

As always, thank you for your insight.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p: (561) 372-7860

f: (561) 423-5721

sfrank@saflaw.com

www.saflaw.com http://www.saflaw.com/

If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

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

I would not let my client wait for an eviction. If there is a dispute regarding who gets paid the rent I would file an Interpleader and let the divorcing landlords duke it out. Leonard Cabral leonardcabral@cfl.rr.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs Sent: Thursday, May 10, 2012 08:58 To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Residential lease with divorcing landlords I would pay rent to whoever the landlord under the lease is. Alternatively, I would wait and put it in the court registry Sent from my iphone On May 10, 2012, at 8:40 AM, "Law Offices of Scott A. Frank" <sfrank@saflaw.com> wrote: Here's the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to "Bob and Sara Smith" and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again. Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant's defense will be, or if you think she actually has a shot at eviction if he doesn't pay the rent again. And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife's name, at least in that instance it would not be the tenant's problem. Any thoughts on that issue as well? As always, thank you for your insight. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487 p: (561) 372-7860 f: (561) 423-5721 sfrank@saflaw.com www.saflaw.com <http://www.saflaw.com/> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

MF

Manuel Farach

Thu, May 10, 2012 8:15 PM

Agreed
Make future checks payable to Bob and Sara Smith, just like it says in the lease (which is the only obligation the tenant has under the lease) and let the landlords figure it out
As for the payment already made, tenant will have a good defense

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, May 10, 2012 4:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential lease with divorcing landlords

I would not let my client wait for an eviction. If there is a dispute regarding who gets paid the rent I would file an Interpleader and let the divorcing landlords duke it out.

Leonard Cabral
leonardcabral@cfl.rr.com mailto:leonardcabral@cfl.rr.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Thursday, May 10, 2012 08:58
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Residential lease with divorcing landlords

I would pay rent to whoever the landlord under the lease is. Alternatively, I would wait and put it in the court registry

Sent from my iphone

On May 10, 2012, at 8:40 AM, "Law Offices of Scott A. Frank" <sfrank@saflaw.com mailto:sfrank@saflaw.com> wrote:
Here’s the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to “Bob and Sara Smith” and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again.

Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant’s defense will be, or if you think she actually has a shot at eviction if he doesn’t pay the rent again.

And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife’s name, at least in that instance it would not be the tenant’s problem. Any thoughts on that issue as well?

As always, thank you for your insight.

Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com mailto:sfrank@saflaw.com
www.saflaw.com http://www.saflaw.com/

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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

Agreed Make future checks payable to Bob and Sara Smith, just like it says in the lease (which is the only obligation the tenant has under the lease) and let the landlords figure it out As for the payment already made, tenant will have a good defense ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Thursday, May 10, 2012 4:08 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Residential lease with divorcing landlords I would not let my client wait for an eviction. If there is a dispute regarding who gets paid the rent I would file an Interpleader and let the divorcing landlords duke it out. Leonard Cabral leonardcabral@cfl.rr.com<mailto:leonardcabral@cfl.rr.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs Sent: Thursday, May 10, 2012 08:58 To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Residential lease with divorcing landlords I would pay rent to whoever the landlord under the lease is. Alternatively, I would wait and put it in the court registry Sent from my iphone On May 10, 2012, at 8:40 AM, "Law Offices of Scott A. Frank" <sfrank@saflaw.com<mailto:sfrank@saflaw.com>> wrote: Here’s the situation: Landlord is listed on lease as Bob and Sara Smith. Tenant has always made checks payable to “Bob and Sara Smith” and mailed them. Earlier this month, Bob brought the uncashed May rent check to the house and asked for a replacement check. He told the tenant that Bob and Sara were divorcing, and that the house was staying with Bob. He showed the tenant a recorded quitclaim deed from Sara to Bob. He also told the tenant that Sara had left the country to go home. With the deed as evidence, the tenant wrote the check to Bob alone. The next week, Sara came to the house screaming for her rent. The tenant told her he had paid Bob. She did not accept the explanation (although there is a language issue as well, so I cannot guaranty how much she understood). She came back 2 days later screaming again. Tenant is now nervous that she may try to serve a three-day notice. If and when she does, I know that the obvious defense is one of payment, but I would like to hear from some of the residential eviction pros out there as to how strong the tenant’s defense will be, or if you think she actually has a shot at eviction if he doesn’t pay the rent again. And with respect to June rent, my inclination is to advise him to write the check jointly, unless he receives written instructions from both of them otherwise. While I would not put it past the husband to forge the wife’s name, at least in that instance it would not be the tenant’s problem. Any thoughts on that issue as well? As always, thank you for your insight. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487 p: (561) 372-7860 f: (561) 423-5721 sfrank@saflaw.com<mailto:sfrank@saflaw.com> www.saflaw.com<http://www.saflaw.com/> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

HH

Harry Heist

Fri, May 11, 2012 1:45 PM

Hi All,

No response yet. This is a VERY large apartment management company that
needs an attorney. You just can't have a conflict with Verizon.

Any takers?

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

Hi All, No response yet. This is a VERY large apartment management company that needs an attorney. You just can't have a conflict with Verizon. Any takers? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com 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.