Empathy List Archives

L

lesstevens

Fri, Jan 13, 2012 8:53 PM

I have a client who is being terminated (i) after 15 years with a company;
(ii) 12 months before retirement vesting; (iii) middle-aged.

I need a recommendation of an employment attorney to discuss (i) value of
severance and/or (ii) any cause of action for discrimination.

He is in the WPB area.

Any recommendations?

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

I have a client who is being terminated (i) after 15 years with a company; (ii) 12 months before retirement vesting; (iii) middle-aged. I need a recommendation of an employment attorney to discuss (i) value of severance and/or (ii) any cause of action for discrimination. He is in the WPB area. Any recommendations? 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

DA

Dariel Abrahamy

Fri, Jan 13, 2012 8:57 PM

Peter Siegel in my Fort Lauderdale office. Same phone number and address as mine below.

Dariel J. Abrahamy, Esq.
Greenspoon Marder, P.A.
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Friday, January 13, 2012 3:53 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Employment Law Recommendation

I have a client who is being terminated (i) after 15 years with a company; (ii) 12 months before retirement vesting; (iii) middle-aged.

I need a recommendation of an employment attorney to discuss (i) value of severance and/or (ii) any cause of action for discrimination.

He is in the WPB area.

Any recommendations?

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

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

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.

Peter Siegel in my Fort Lauderdale office. Same phone number and address as mine below. Dariel J. Abrahamy, Esq. Greenspoon Marder, P.A. 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: 954-491-1120; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Friday, January 13, 2012 3:53 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Employment Law Recommendation I have a client who is being terminated (i) after 15 years with a company; (ii) 12 months before retirement vesting; (iii) middle-aged. I need a recommendation of an employment attorney to discuss (i) value of severance and/or (ii) any cause of action for discrimination. He is in the WPB area. Any recommendations? 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 The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. 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.

HH

Harry Heist

Fri, Jan 13, 2012 9:09 PM

Hi All,

I have a client who needs to get an estate opened of a dead tenant and a PR
appointed by the court so they can evict the estate of a dead tenant. There
is a load of personal property in the unit. They do not have the proper
83.67 wording in their lease so they can't just wait the 60 days from death
date and toss the stuff. It should be simple as no relatives exist or if
they do, they have no interest in getting an estate opened.

Any recommendations? The property is in Miami.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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, I have a client who needs to get an estate opened of a dead tenant and a PR appointed by the court so they can evict the estate of a dead tenant. There is a load of personal property in the unit. They do not have the proper 83.67 wording in their lease so they can't just wait the 60 days from death date and toss the stuff. It should be simple as no relatives exist or if they do, they have no interest in getting an estate opened. Any recommendations? The property is in Miami. Harry Heist LAW OFFICES OF HEIST, WEISSE, DAVIS & 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.

GH

Greg Hass

Mon, Jan 16, 2012 3:02 PM

Harry,

I don't understand the need to evict the estate of the dead tenant. Is there anything to prevent the LL from just retaking possession of the unit under 83.59 (3)(d)? Is it a federally administered housing program exception?

Also, as far as the deceased T's personal property, are you reading 715.104 (1) where it requires the LL to "give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property" as including an affirmative duty of the part of the LL to open a probate estate on behalf of the deceased T so you can have a PR appointed to send the notice to? Isn't that overkill (pun intended) or is that what's required in your experience?

Thanks,
Greg

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, January 13, 2012 4:09 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Probate attorney - Miami

Hi All,

I have a client who needs to get an estate opened of a dead tenant and a PR appointed by the court so they can evict the estate of a dead tenant. There is a load of personal property in the unit. They do not have the proper 83.67 wording in their lease so they can't just wait the 60 days from death date and toss the stuff. It should be simple as no relatives exist or if they do, they have no interest in getting an estate opened.

Any recommendations? The property is in Miami.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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 mailto: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.

Harry, I don't understand the need to evict the estate of the dead tenant. Is there anything to prevent the LL from just retaking possession of the unit under 83.59 (3)(d)? Is it a federally administered housing program exception? Also, as far as the deceased T's personal property, are you reading 715.104 (1) where it requires the LL to "give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property" as including an affirmative duty of the part of the LL to open a probate estate on behalf of the deceased T so you can have a PR appointed to send the notice to? Isn't that overkill (pun intended) or is that what's required in your experience? Thanks, Greg From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, January 13, 2012 4:09 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Probate attorney - Miami Hi All, I have a client who needs to get an estate opened of a dead tenant and a PR appointed by the court so they can evict the estate of a dead tenant. There is a load of personal property in the unit. They do not have the proper 83.67 wording in their lease so they can't just wait the 60 days from death date and toss the stuff. It should be simple as no relatives exist or if they do, they have no interest in getting an estate opened. Any recommendations? The property is in Miami. Harry Heist LAW OFFICES OF HEIST, WEISSE, DAVIS & 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<mailto: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.

HH

Harry Heist

Mon, Jan 16, 2012 4:00 PM

I am concerned because the 83.67 language below is not in the lease:

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER,
ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH
OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES,
THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION
OF THE TENANT'S PERSONAL PROPERTY.

I would love to be wrong on this.

Harry

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Monday, January 16, 2012 10:02 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Probate attorney - Miami

Harry,

I don't understand the need to evict the estate of the dead tenant. Is
there anything to prevent the LL from just retaking possession of the unit
under 83.59 (3)(d)? Is it a federally administered housing program
exception?

Also, as far as the deceased T's personal property, are you reading 715.104
(1) where it requires the LL to "give written notice to such tenant and to
any other person the landlord reasonably believes to be the owner of the
property" as including an affirmative duty of the part of the LL to open a
probate estate on behalf of the deceased T so you can have a PR appointed to
send the notice to? Isn't that overkill (pun intended) or is that what's
required in your experience?

Thanks,

Greg

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, January 13, 2012 4:09 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Probate attorney - Miami

Hi All,

I have a client who needs to get an estate opened of a dead tenant and a PR
appointed by the court so they can evict the estate of a dead tenant. There
is a load of personal property in the unit. They do not have the proper
83.67 wording in their lease so they can't just wait the 60 days from death
date and toss the stuff. It should be simple as no relatives exist or if
they do, they have no interest in getting an estate opened.

Any recommendations? The property is in Miami.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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.

I am concerned because the 83.67 language below is not in the lease: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. I would love to be wrong on this. Harry LAW OFFICES OF HEIST, WEISSE, DAVIS & 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass Sent: Monday, January 16, 2012 10:02 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Probate attorney - Miami Harry, I don't understand the need to evict the estate of the dead tenant. Is there anything to prevent the LL from just retaking possession of the unit under 83.59 (3)(d)? Is it a federally administered housing program exception? Also, as far as the deceased T's personal property, are you reading 715.104 (1) where it requires the LL to "give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property" as including an affirmative duty of the part of the LL to open a probate estate on behalf of the deceased T so you can have a PR appointed to send the notice to? Isn't that overkill (pun intended) or is that what's required in your experience? Thanks, Greg From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, January 13, 2012 4:09 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Probate attorney - Miami Hi All, I have a client who needs to get an estate opened of a dead tenant and a PR appointed by the court so they can evict the estate of a dead tenant. There is a load of personal property in the unit. They do not have the proper 83.67 wording in their lease so they can't just wait the 60 days from death date and toss the stuff. It should be simple as no relatives exist or if they do, they have no interest in getting an estate opened. Any recommendations? The property is in Miami. Harry Heist LAW OFFICES OF HEIST, WEISSE, DAVIS & 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.

HH

Harry Heist

Mon, Jan 16, 2012 4:25 PM

I had to share this classic with the group. Thank you Florida Bar for
creating these forms and thank you Supreme Court for allowing this to occur
in Florida. Outrageous. http://www.throwemout.com/

His Three Day Notice is not even correct nor is it the Supreme Court form.
No spot for the County.

He is claiming that he does not provide legal advice but there is legal
advice right in the site itself.

I guess you can give "Legal Advice" but as long as you say "This is not
Legal Advice" it is no longer legal advice.
http://www.throwemout.com/how-it-works/faq

Harry

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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.

I had to share this classic with the group. Thank you Florida Bar for creating these forms and thank you Supreme Court for allowing this to occur in Florida. Outrageous. http://www.throwemout.com/ His Three Day Notice is not even correct nor is it the Supreme Court form. No spot for the County. He is claiming that he does not provide legal advice but there is legal advice right in the site itself. I guess you can give "Legal Advice" but as long as you say "This is not Legal Advice" it is no longer legal advice. http://www.throwemout.com/how-it-works/faq Harry LAW OFFICES OF HEIST, WEISSE, DAVIS & 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.

GH

Greg Hass

Mon, Jan 16, 2012 4:58 PM

Harry, I could be wrong but I don't understand how the lack of the legend prevents the LL from relying on 83.59(3)(d) to retake possession. Nor do I see how it impacts the LL's ability to rely on 83.67 (5) to remove the personal property. As I understand it, the lack of the legend merely results in the LL having to comply with 715.104 once he removes the personal property.

Greg

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, January 16, 2012 11:01 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Probate attorney/dead tenant

I am concerned because the 83.67 language below is not in the lease:

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

I would love to be wrong on this.

Harry

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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 mailto: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 Greg Hass
Sent: Monday, January 16, 2012 10:02 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Probate attorney - Miami

Harry,

I don't understand the need to evict the estate of the dead tenant. Is there anything to prevent the LL from just retaking possession of the unit under 83.59 (3)(d)? Is it a federally administered housing program exception?

Also, as far as the deceased T's personal property, are you reading 715.104 (1) where it requires the LL to "give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property" as including an affirmative duty of the part of the LL to open a probate estate on behalf of the deceased T so you can have a PR appointed to send the notice to? Isn't that overkill (pun intended) or is that what's required in your experience?

Thanks,
Greg

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, January 13, 2012 4:09 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Probate attorney - Miami

Hi All,

I have a client who needs to get an estate opened of a dead tenant and a PR appointed by the court so they can evict the estate of a dead tenant. There is a load of personal property in the unit. They do not have the proper 83.67 wording in their lease so they can't just wait the 60 days from death date and toss the stuff. It should be simple as no relatives exist or if they do, they have no interest in getting an estate opened.

Any recommendations? The property is in Miami.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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 mailto: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.

Harry, I could be wrong but I don't understand how the lack of the legend prevents the LL from relying on 83.59(3)(d) to retake possession. Nor do I see how it impacts the LL's ability to rely on 83.67 (5) to remove the personal property. As I understand it, the lack of the legend merely results in the LL having to comply with 715.104 once he removes the personal property. Greg From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Monday, January 16, 2012 11:01 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Probate attorney/dead tenant I am concerned because the 83.67 language below is not in the lease: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. I would love to be wrong on this. Harry LAW OFFICES OF HEIST, WEISSE, DAVIS & 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<mailto: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 Greg Hass Sent: Monday, January 16, 2012 10:02 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Probate attorney - Miami Harry, I don't understand the need to evict the estate of the dead tenant. Is there anything to prevent the LL from just retaking possession of the unit under 83.59 (3)(d)? Is it a federally administered housing program exception? Also, as far as the deceased T's personal property, are you reading 715.104 (1) where it requires the LL to "give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property" as including an affirmative duty of the part of the LL to open a probate estate on behalf of the deceased T so you can have a PR appointed to send the notice to? Isn't that overkill (pun intended) or is that what's required in your experience? Thanks, Greg From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, January 13, 2012 4:09 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Probate attorney - Miami Hi All, I have a client who needs to get an estate opened of a dead tenant and a PR appointed by the court so they can evict the estate of a dead tenant. There is a load of personal property in the unit. They do not have the proper 83.67 wording in their lease so they can't just wait the 60 days from death date and toss the stuff. It should be simple as no relatives exist or if they do, they have no interest in getting an estate opened. Any recommendations? The property is in Miami. Harry Heist LAW OFFICES OF HEIST, WEISSE, DAVIS & 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<mailto: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.

landten@lists.flabarrpptl.org

[RPPTL LandTen] Employment Law Recommendation