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RPPTL Real Estate Leasing Committee

Re: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant

lesstevens

Mon, Feb 4, 2013 11:58 PM

Just as clarification..The Tenant was the one arrested for exposing himself
and threatening the Landlord and her son.

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

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WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY

From: Eric Jacobs [mailto:ejacobs@beloffparker.com]
Sent: Monday, February 04, 2013 6:56 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Restraining Order Obtained by Landlord Against
Tenant

No. Order precluding tenant from being on premises is not the same as
landlord having right to be on premises.

Question back. I have a tenant claiming right to dismissal because 3 day
was signed by lawyer ( with FDCPA disclaimer) . Im fairly comfortable with
regard to numerous reasons why its inapplicable notwithstanding Sailboat
Bend, but Id welcome any thoughts from all. Thanks

Sent from my iphone

On Feb 4, 2013, at 6:50 PM, "lesstevens" lesstevens@earthlink.net wrote:

Here's a unique one...Landlord sues Tenant for untimely payment under
written residential lease. While waiting for the "expedited hearing" Tenant
causes disturbance at the property and eventually "exposes himself" to a
minor and Landlord and is arrested. (Minor is the Landlord's son and does
work around the property). Fearing for their safety, Landlord obtains
restraining order against Tenant, which included precluding Tenant to go
back to the property. Does this action supersede the eviction and give the
Landlord the right to immediate possession?

Any insight would be helpful.

Thanx.

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

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

Just as clarification..The Tenant was the one arrested for exposing himself and threatening the Landlord and her son. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ____________________________________________________________________________ ____________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY From: Eric Jacobs [mailto:ejacobs@beloffparker.com] Sent: Monday, February 04, 2013 6:56 PM To: <lesstevens@earthlink.net>; RPPTL Landlord Tenant Committee Cc: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant No. Order precluding tenant from being on premises is not the same as landlord having right to be on premises. Question back. I have a tenant claiming right to dismissal because 3 day was signed by lawyer ( with FDCPA disclaimer) . Im fairly comfortable with regard to numerous reasons why its inapplicable notwithstanding Sailboat Bend, but Id welcome any thoughts from all. Thanks Sent from my iphone On Feb 4, 2013, at 6:50 PM, "lesstevens" <lesstevens@earthlink.net> wrote: Here's a unique one...Landlord sues Tenant for untimely payment under written residential lease. While waiting for the "expedited hearing" Tenant causes disturbance at the property and eventually "exposes himself" to a minor and Landlord and is arrested. (Minor is the Landlord's son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession? Any insight would be helpful. Thanx. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ____________________________________________________________________________ ____________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

Manuel Farach

Tue, Feb 5, 2013 12:22 AM

No, the injunction will expire eventfully

Sent from my iPhone

On Feb 4, 2013, at 7:01 PM, "lesstevens" <lesstevens@earthlink.net mailto:lesstevens@earthlink.net> wrote:

Just as clarification….The Tenant was the one arrested for exposing himself and threatening the Landlord and her son.

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

[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]

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message..

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

From: Eric Jacobs [mailto:ejacobs@beloffparker.com]
Sent: Monday, February 04, 2013 6:56 PM
To: <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>; RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant

No. Order precluding tenant from being on premises is not the same as landlord having right to be on premises.

Question back. I have a tenant claiming right to dismissal because 3 day was signed by lawyer ( with FDCPA disclaimer) . Im fairly comfortable with regard to numerous reasons why its inapplicable notwithstanding Sailboat Bend, but Id welcome any thoughts from all. Thanks

Sent from my iphone

On Feb 4, 2013, at 6:50 PM, "lesstevens" <lesstevens@earthlink.net mailto:lesstevens@earthlink.net> wrote:
Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession?

Any insight would be helpful.

Thanx.

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

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http://mailman.fsr.com/mailman/listinfo/landten

No, the injunction will expire eventfully Sent from my iPhone On Feb 4, 2013, at 7:01 PM, "lesstevens" <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>> wrote: Just as clarification….The Tenant was the one arrested for exposing himself and threatening the Landlord and her son. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________ [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] U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.. ________________________________ ________________________________________________________________________________________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY From: Eric Jacobs [mailto:ejacobs@beloffparker.com] Sent: Monday, February 04, 2013 6:56 PM To: <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>>; RPPTL Landlord Tenant Committee Cc: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant No. Order precluding tenant from being on premises is not the same as landlord having right to be on premises. Question back. I have a tenant claiming right to dismissal because 3 day was signed by lawyer ( with FDCPA disclaimer) . Im fairly comfortable with regard to numerous reasons why its inapplicable notwithstanding Sailboat Bend, but Id welcome any thoughts from all. Thanks Sent from my iphone On Feb 4, 2013, at 6:50 PM, "lesstevens" <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>> wrote: Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession? Any insight would be helpful. Thanx. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________________________________________________________________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten