[RPPTL LandTen] residential eviction question
Harry,
I know that this getting into the hypothetical, but couldn't you do the
7-Day Notice, then (after the expiration of the 7 Day Notice, but prior
to filing suit) send a Notice of Termination indicating that failure to
vacate would make them hold-over tenants, etc...?
Then once you file suit, you can argue that they need to pay rent into
registry for the hold-over rent. I know it isn't very clean, but a
judge may follow the logic there. Just a thought, not researched or
anything.
Thank you, P Think before you print.
Joseph N. Alexander
Potter, Clement, Lowry & Duncan
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
harry@evict.com
Sent: Thursday, March 04, 2010 11:13 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
Hi Anthony,
Here is the problem. When you file a 7 Day Case, you are terminating
the tenancy. You really cannot then file on a 3 day on a terminated
tenancy. All you can do is argue to the court that the money is still
owed and must be placed into the registry and hope the judge will buy
this argument and order the money paid into the registry or default the
tenant which in the vast majority of cases, the judge will do this.
I really would not recommend filing an eviction on top of any eviction.
It would really become a mess. Separate judges, motions to consolidate,
delays, etc.
Harry
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Thursday, March 04, 2010 10:30 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the money cannot be kept by the landlord, but my thought
was perhaps it can be deposited into the registry. However, in thinking
about it more, I would follow plan two and return the check to the
tenant along with a 3-day notice to get the ball rolling on the monetary
breach of the lease issue.
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 mailto:ahorky@mbhlawyer.com
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
harry@evict.com
Sent: Thursday, March 04, 2010 9:37 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
The money need to be refused. Anthony, with all due respect , you are
incorrect. :-)
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Thursday, March 04, 2010 9:11 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
Gale is right. This email stream turned into a case for failure to pay
rent but the initial question was what to do with a partial rent payment
during the pendency of an action to terminate the lease for a
non-monetary default. My advice would be to deposit the money into the
court registry (if possible without an order), serve the tenant with the
statutory notice to pay rent or deliver possession followed by a motion
to amend the complaint to add a count for possession for failure to pay
rent. Unless the landlord absolutely needs the partial payment, I would
send it back along with the 3-day notice to pay rent.
Another alternative is to aggressively pursue the original action and
notice it for non-jury trial.
As for Scott's question on the landlord liability issue, I've attached
some cases and treatise materials, which may or may not be directly on
point but may help in your search for an answer.
Good luck to both of you.
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 http://www.mbhlawyer.com/
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale
Silbermann
Sent: Wednesday, March 03, 2010 2:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the appropriate course is to file a motion either to
determine rent or for immediate default. However in this case the
tenant filed the motion to determine rent and the judge ranted and raved
that the case wasn't about rent and refused to hear it. The final hrg
is set for end of April (delay is due to my client). But the initial
delay was the judge's b/c they insist on setting their own hearings and
they screwed up. Now its been 6 months without rent.
Harry, how do you file a motion for immediate default if the rent was
current when you filed the suit for a lease violation and then we
refused the rent b/c of 83.56(5)? That's my dilemma.
Thanks everyone for your input.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
I follow the same procedure and it works every time. In fact, you can
even file a Motion for Default for failure to deposit per the statute
and can often get the FJ without a hearing.
Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
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--- On Wed, 3/3/10, harry@evict.com harry@evict.com wrote:
From: harry@evict.com harry@evict.com
Subject: Re: [RPPTL LandTen] residential eviction question
To: "'RPPTL Landlord Tenant Committee'" landten@lists.flabarrpptl.org
Date: Wednesday, March 3, 2010, 10:22 AM
We file a Motion for Default for Failure to Post Rent into the Court
Registry immediately when the tenant files an answer and if we do not
get our default (which we get about 90% of the time) we immediately set
it for trial.
The minute the tenant open his/her mouth in court, we object and tell
the judge it is improper to proceed without money placed in court
registry. This usually results in the judge asking the tenant if they
have the money, the tenant says no, and we are out the door with a FJ.
We file thousands of these motions each year.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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
http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Chuck Hoskin
Sent: Wednesday, March 03, 2010 9:53 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
Gale:
In my opinion, 83.60(2) requires the tenant to deposit the rent into the
registry of the court for all breaches of the lease, not just
non-payment of rent. Also, in my opinion, 83.56(5) provides for a
waiver of all tenant non-compliance if the landlord accepts the rent.
There are also cases on waiver in the non-residential setting, but I do
not have them handy. As a disclaimer, judges have been known to
disagree with me. Therefore, you should not cite "Chuck" as authority
for this.
In order not to waive the default and to preserve the money, my
recommendation is to file a Motion To Determine Rent and To Require
Deposit of Rent, have the court determine the amount of past due rent
and monthly accrual, just like a payment default case, and have the
tenant deposit the rent into the registry of the court.
I hope that helps.
Chuck
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale
Silbermann
Sent: Tuesday, March 02, 2010 4:08 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation, other
than non-payment of rent, and accepted rent while the case was pending?
I have a situation where the case has dragged on for more than 6 months
without the rent being paid. It is subsidized housing so the amount is
small but we want the rent from the tenant, who is willing to pay. But
if we accept rent will that waive our issue with the lease
non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed
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-----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
http://mailman.fsr.com/mailman/listinfo/landten
Harry: You are right that the filing a non-monetary breach action
coupled with a subsequent action for possession for non-payment of rent
will get messy. My thinking was that a motion to amend to add a count
for possession would trigger the landlord's right to get rent money paid
into the court registry. My understanding is that this case is already
6 months old. Otherwise, "to stop the bleeding", I would aggressively
pursue the current action and get it noticed for trial or final hearing
as quickly as possible and get the tenant out of there.
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 mailto:ahorky@mbhlawyer.com
Website: www.mbhlawyer.com http://www.mbhlawyer.com/
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Internal Revenue Service regulations require that certain types of
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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
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IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
harry@evict.com
Sent: Thursday, March 04, 2010 11:13 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
Hi Anthony,
Here is the problem. When you file a 7 Day Case, you are terminating
the tenancy. You really cannot then file on a 3 day on a terminated
tenancy. All you can do is argue to the court that the money is still
owed and must be placed into the registry and hope the judge will buy
this argument and order the money paid into the registry or default the
tenant which in the vast majority of cases, the judge will do this.
I really would not recommend filing an eviction on top of any eviction.
It would really become a mess. Separate judges, motions to consolidate,
delays, etc.
Harry
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Thursday, March 04, 2010 10:30 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the money cannot be kept by the landlord, but my thought
was perhaps it can be deposited into the registry. However, in thinking
about it more, I would follow plan two and return the check to the
tenant along with a 3-day notice to get the ball rolling on the monetary
breach of the lease issue.
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 http://www.mbhlawyer.com/
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
email transmission is privileged and confidential. If you are not the
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Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the preceding 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 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
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taxpayer, then the advice should be considered to have been written to
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this firm of that transaction or matter, and such taxpayer should seek
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
harry@evict.com
Sent: Thursday, March 04, 2010 9:37 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
The money need to be refused. Anthony, with all due respect , you are
incorrect. :-)
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Thursday, March 04, 2010 9:11 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
Gale is right. This email stream turned into a case for failure to pay
rent but the initial question was what to do with a partial rent payment
during the pendency of an action to terminate the lease for a
non-monetary default. My advice would be to deposit the money into the
court registry (if possible without an order), serve the tenant with the
statutory notice to pay rent or deliver possession followed by a motion
to amend the complaint to add a count for possession for failure to pay
rent. Unless the landlord absolutely needs the partial payment, I would
send it back along with the 3-day notice to pay rent.
Another alternative is to aggressively pursue the original action and
notice it for non-jury trial.
As for Scott's question on the landlord liability issue, I've attached
some cases and treatise materials, which may or may not be directly on
point but may help in your search for an answer.
Good luck to both of you.
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 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 in
error, please notify the sender by email reply. Thank you.
Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the preceding 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 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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gale
Silbermann
Sent: Wednesday, March 03, 2010 2:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
I agree that the appropriate course is to file a motion either to
determine rent or for immediate default. However in this case the
tenant filed the motion to determine rent and the judge ranted and raved
that the case wasn't about rent and refused to hear it. The final hrg
is set for end of April (delay is due to my client). But the initial
delay was the judge's b/c they insist on setting their own hearings and
they screwed up. Now its been 6 months without rent.
Harry, how do you file a motion for immediate default if the rent was
current when you filed the suit for a lease violation and then we
refused the rent b/c of 83.56(5)? That's my dilemma.
Thanks everyone for your input.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed
by the IRS, we inform you that any tax advice contained in this
communication is not intended or written to be used, and cannot be used,
for the purpose of (i) avoiding penalties imposed under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another
party any transaction or matter addressed in this communication or in
any attachment.
The information contained in this message is privileged and
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, March 03, 2010 10:25 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question
I follow the same procedure and it works every time. In fact, you can
even file a Motion for Default for failure to deposit per the statute
and can often get the FJ without a hearing.
Cary Sabol
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
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--- On Wed, 3/3/10, harry@evict.com harry@evict.com wrote:
From: harry@evict.com harry@evict.com
Subject: Re: [RPPTL LandTen] residential eviction question
To: "'RPPTL Landlord Tenant Committee'" landten@lists.flabarrpptl.org
Date: Wednesday, March 3, 2010, 10:22 AM
We file a Motion for Default for Failure to Post Rent into the Court
Registry immediately when the tenant files an answer and if we do not
get our default (which we get about 90% of the time) we immediately set
it for trial.
The minute the tenant open his/her mouth in court, we object and tell
the judge it is improper to proceed without money placed in court
registry. This usually results in the judge asking the tenant if they
have the money, the tenant says no, and we are out the door with a FJ.
We file thousands of these motions each year.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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
http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Chuck Hoskin
Sent: Wednesday, March 03, 2010 9:53 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] residential eviction question
Gale:
In my opinion, 83.60(2) requires the tenant to deposit the rent into the
registry of the court for all breaches of the lease, not just
non-payment of rent. Also, in my opinion, 83.56(5) provides for a
waiver of all tenant non-compliance if the landlord accepts the rent.
There are also cases on waiver in the non-residential setting, but I do
not have them handy. As a disclaimer, judges have been known to
disagree with me. Therefore, you should not cite "Chuck" as authority
for this.
In order not to waive the default and to preserve the money, my
recommendation is to file a Motion To Determine Rent and To Require
Deposit of Rent, have the court determine the amount of past due rent
and monthly accrual, just like a payment default case, and have the
tenant deposit the rent into the registry of the court.
I hope that helps.
Chuck
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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 Gale
Silbermann
Sent: Tuesday, March 02, 2010 4:08 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question
Has anyone terminated a residential lease for a lease violation, other
than non-payment of rent, and accepted rent while the case was pending?
I have a situation where the case has dragged on for more than 6 months
without the rent being paid. It is subsidized housing so the amount is
small but we want the rent from the tenant, who is willing to pay. But
if we accept rent will that waive our issue with the lease
non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed
by the IRS, we inform you that any tax advice contained in this
communication is not intended or written to be used, and cannot be used,
for the purpose of (i) avoiding penalties imposed under the Internal
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any attachment.
The information contained in this message is privileged and
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-----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
http://mailman.fsr.com/mailman/listinfo/landten
See what I mean?
http://www.wtsp.com/news/local/story.aspx?storyid=163828
What is it going to take to stop these scum from using the Supreme Court
Approved forms created and provided by the Florida BAR to harm the public?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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.
But, to me, Harry, every fool who paid that guy got exactly what they
deserved.
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
BAY AREA LEGAL SERVICES, INC.
829 West M. L. King Blvd., Suite # 200
Tampa, FL 33603-3336
(813) 232-1222, Ext. 109
FAX: 232-1403
PRESERVING INDEPENDENCE, HOPE, AND DIGNITY
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, 07 February 2012 12:29
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Eviction services
See what I mean?
http://www.wtsp.com/news/local/story.aspx?storyid=163828
What is it going to take to stop these scum from using the Supreme Court
Approved forms created and provided by the Florida BAR to harm the public?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.
I'm not so sure I agree with Marty. Many small residential landlords are
unsophisticated, so why should they doubt a service provider that advertises
that he will handle their evictions for them for a set fee? That is nothing
more than attorneys do, and most people on the street wouldn't know what the
phrase "unlicensed practice of law" means. So I really can't see my way to
blaming those folks in this situation (of course I speak in generalities
only - there may have been a few of his clients that knew this was a legal
shortcut but didn't care because they were saving a few bucks).
As to this shady service provider himself - he deserves everything he gets,
due to advertising what are illegal services.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Martin Lawyer
Sent: Tuesday, February 07, 2012 3:40 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction services
But, to me, Harry, every fool who paid that guy got exactly what they
deserved.
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
BAY AREA LEGAL SERVICES, INC.
829 West M. L. King Blvd., Suite # 200
Tampa, FL 33603-3336
(813) 232-1222, Ext. 109
FAX: 232-1403
PRESERVING INDEPENDENCE, HOPE, AND DIGNITY
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, 07 February 2012 12:29
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Eviction services
See what I mean?
http://www.wtsp.com/news/local/story.aspx?storyid=163828
What is it going to take to stop these scum from using the Supreme Court
Approved forms created and provided by the Florida BAR to harm the public?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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.
The guy will get nothing but a slap on the wrist if that. The Bar is far
more concerned with the immigration UPL issues and probably rightly so. His
eviction service is completely legal and is sanctioned by the Supreme Court.
He uses the Supreme Court Approved forms.
The problem is that he takes the money and does not do the job in some
cases. Since he is not a lawyer, he is governed by no one and there are no
real ramifications other than possibly a Small Claims action against him
here and there. He is too small time for any criminal prosecution and by the
time the Bar did anything substantial to stop him, we will all be retired.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank
Sent: Tuesday, February 07, 2012 5:06 PM
To: mlawyer@bals.org; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction services
I'm not so sure I agree with Marty. Many small residential landlords are
unsophisticated, so why should they doubt a service provider that advertises
that he will handle their evictions for them for a set fee? That is nothing
more than attorneys do, and most people on the street wouldn't know what the
phrase "unlicensed practice of law" means. So I really can't see my way to
blaming those folks in this situation (of course I speak in generalities
only - there may have been a few of his clients that knew this was a legal
shortcut but didn't care because they were saving a few bucks).
As to this shady service provider himself - he deserves everything he gets,
due to advertising what are illegal services.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Martin Lawyer
Sent: Tuesday, February 07, 2012 3:40 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction services
But, to me, Harry, every fool who paid that guy got exactly what they
deserved.
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
BAY AREA LEGAL SERVICES, INC.
829 West M. L. King Blvd., Suite # 200
Tampa, FL 33603-3336
(813) 232-1222, Ext. 109
FAX: 232-1403
PRESERVING INDEPENDENCE, HOPE, AND DIGNITY
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, 07 February 2012 12:29
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Eviction services
See what I mean?
http://www.wtsp.com/news/local/story.aspx?storyid=163828
What is it going to take to stop these scum from using the Supreme Court
Approved forms created and provided by the Florida BAR to harm the public?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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.
And my point is that landlords who go "on the cheap" and don't hire an
attorney deserve what they get.
Although I have almost always represented tenants, my experience over the
40+ years is that landlords get in trouble when they are undercapitalized,
including failing to budget for attorneys (as well as failing to budget for
non-occupancy and major repairs).
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
BAY AREA LEGAL SERVICES, INC.
829 West M. L. King Blvd., Suite # 200
Tampa, FL 33603-3336
(813) 232-1222, Ext. 109
FAX: 232-1403
PRESERVING INDEPENDENCE, HOPE, AND DIGNITY
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, 07 February 2012 17:55
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction services
The guy will get nothing but a slap on the wrist if that. The Bar is far
more concerned with the immigration UPL issues and probably rightly so. His
eviction service is completely legal and is sanctioned by the Supreme Court.
He uses the Supreme Court Approved forms.
The problem is that he takes the money and does not do the job in some
cases. Since he is not a lawyer, he is governed by no one and there are no
real ramifications other than possibly a Small Claims action against him
here and there. He is too small time for any criminal prosecution and by the
time the Bar did anything substantial to stop him, we will all be retired.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank
Sent: Tuesday, February 07, 2012 5:06 PM
To: mlawyer@bals.org; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction services
I'm not so sure I agree with Marty. Many small residential landlords are
unsophisticated, so why should they doubt a service provider that advertises
that he will handle their evictions for them for a set fee? That is nothing
more than attorneys do, and most people on the street wouldn't know what the
phrase "unlicensed practice of law" means. So I really can't see my way to
blaming those folks in this situation (of course I speak in generalities
only - there may have been a few of his clients that knew this was a legal
shortcut but didn't care because they were saving a few bucks).
As to this shady service provider himself - he deserves everything he gets,
due to advertising what are illegal services.
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Martin Lawyer
Sent: Tuesday, February 07, 2012 3:40 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction services
But, to me, Harry, every fool who paid that guy got exactly what they
deserved.
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
BAY AREA LEGAL SERVICES, INC.
829 West M. L. King Blvd., Suite # 200
Tampa, FL 33603-3336
(813) 232-1222, Ext. 109
FAX: 232-1403
PRESERVING INDEPENDENCE, HOPE, AND DIGNITY
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org]
mailto:%5bmailto:landten-bounces@lists.flabarrpptl.org%5d On Behalf Of
Harry Heist
Sent: Tuesday, 07 February 2012 12:29
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Eviction services
See what I mean?
http://www.wtsp.com/news/local/story.aspx?storyid=163828
What is it going to take to stop these scum from using the Supreme Court
Approved forms created and provided by the Florida BAR to harm the public?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.
I've researched this to death and haven't found a direct answer. Maybe you
can help?
Question One: If not provided for in the Lease, what discount rate do you
use to calculate the Present Value of sums that come due under a lease?
Question Two: IF we sue for damages under an "Original Lease", we are
entitled to a judgment equal to:
(i) past due rent, repair expense and other charges; plus,
(ii) landlord's attorneys' fees and costs; plus,
(iii) "accelerated balance" due under the lease, less a credit for "the
amount received upon reletting the premises", Boulevard Shoppes, A.B. v.
Pro-1 Realty, Inc.605 So.2d 1317 (Fla., 4th DCA, 1992), reduced to present
value.
Thanks,
Jeff Mazor
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
I think the court sets what it believes to be an appropriate present value as applied to each case; I’m not aware of a case that gives a certain percentage.
As to question two, the answer is yes. I’ve filed partial satisfactions of the judgment once payments were made
Good luck!
Manny
[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.comhttp://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
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Wednesday, February 08, 2012 5:29 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Breach of Lease/Damages/Accelerated Rent thru what date
I’ve researched this to death and haven’t found a direct answer. Maybe you can help?
Question One: If not provided for in the Lease, what discount rate do you use to calculate the Present Value of sums that come due under a lease?
Question Two: IF we sue for damages under an “Original Lease”, we are entitled to a judgment equal to:
(i) past due rent, repair expense and other charges; plus,
(ii) landlord's attorneys' fees and costs; plus,
(iii) “accelerated balance” due under the lease, less a credit for "the amount received upon reletting the premises", Boulevard Shoppes, A.B. v. Pro-1 Realty, Inc.605 So.2d 1317 (Fla., 4th DCA, 1992), reduced to present value.
Thanks,
Jeff Mazor
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
My 2 cents. There is a Florida standard jury instruction on this. See the
notes on use below for case citations. In the past, I've used an accountant
to calculate the present day value of accelerated rent and have not been
challenged on the method.
501.7 REDUCTION OF DAMAGES TO PRESENT VALUE
Any amount of damages which you allow for [future medical expenses], [loss
of ability to earn money in the future], [or] [(describe any other future
economic loss which is subject to reduction to present value)] should be
reduced to its present money value and only the present money value of these
future economic damages should be included in your verdict.
The present money value of future economic damages is the sum of money
needed now which, together with what that sum will earn in the future, will
compensate (claimant) for these losses as they are actually experienced in
future years.
NOTES ON USE FOR 501.7
-
Designing a standard instruction for reduction of damages to
present value is complicated by the fact that there are several different
methods used by economists and courts to arrive at a present-value
determination. See, for example, Delta Air Lines, Inc. v. Ageloff, 552 So.2d
1089 (Fla. 1989), and Renuart Lumber Yards v. Levine, 49 So.2d 97 (Fla.
1950) (using approach similar to calculation of cost of annuity); Jones &
Laughlin Steel Corp. v. Pfeifer, 462 U.S. 523, 103 S.Ct. 2541, 76 L.Ed.2d
768 (1983), and Loftin v. Wilson, 67 So.2d 185 (Fla. 1953) (lost stream of
income approach); Beaulieu v. Elliott, 434 P.2d 665 (Alaska 1967) (total
offset method); Culver v. Slater Boat Co., 688 F.2d 280 (5th Cir. 1982), and
Seaboard Coast Line Railroad v. Garrison, 336 So.2d 423 (Fla. 2d DCA 1976)
(discussing real interest rate discount method and inflation/market rate
discount methods); and Bould v. Touchette, 349 So.2d 1181 (Fla. 1977) (even
without evidence, juries may consider the effects of inflation).
-
Until the Florida Supreme Court or the legislature adopts one
approach to the exclusion of other methods of calculating present money
value, the committee assumes that the present value of future economic
damages is a finding to be made by the jury on the evidence; or, if the
parties offer no evidence to control that finding, that the jury properly
resorts to its own common knowledge as guided by instruction 501.7 and by
argument. See Seaboard Coast Line Railroad v. Burdi, 427 So.2d 1048 (Fla. 3d
DCA 1983).
Regards,
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431
Telephone: (561) 226-4628
Facsimile: (561) 994-6693
Website: http://www.horkylaw.com www.horkylaw.com
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Wednesday, February 08, 2012 5:29 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Breach of Lease/Damages/Accelerated Rent thru what
date
I've researched this to death and haven't found a direct answer. Maybe you
can help?
Question One: If not provided for in the Lease, what discount rate do you
use to calculate the Present Value of sums that come due under a lease?
Question Two: IF we sue for damages under an "Original Lease", we are
entitled to a judgment equal to:
(i) past due rent, repair expense and other charges; plus,
(ii) landlord's attorneys' fees and costs; plus,
(iii) "accelerated balance" due under the lease, less a credit for "the
amount received upon reletting the premises", Boulevard Shoppes, A.B. v.
Pro-1 Realty, Inc.605 So.2d 1317 (Fla., 4th DCA, 1992), reduced to present
value.
Thanks,
Jeff Mazor
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