Harry. I've been in NY since last week w/o web access. As a landlord's attorney I want the opportunity to review and comment.  Be back on Thursday. Thank you.
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: harry@evict.com
Sender: landten-bounces@lists.flabarrpptl.org
Date: Sun, 6 Feb 2011 18:36:10
To: 'RPPTL Landlord Tenant Committee'landten@lists.flabarrpptl.org
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Crime-free apartment program starting in Orlando

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

We filed a case, Condo  Association made a demand on tenant after we filed.
Tenant answered.

We are dismissing the case because our agreement with the owner gives us the
right to dismiss, the owner failed to disclose the fact they were delinquent
and we do not tolerate this.

If this case were to continue though does the owner lose standing by virtue
of the Condo Association demand?

Another weird twist.

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

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Harry

I think under the new problematic condo eviction law to lose standing you
need more than just the association's demand for payment; the tenant has to
make a payment to the association.  Section 718.116(11) ends as follows:

"The association shall, upon request, provide the tenant with written
receipts for payments made. A tenant who acts in good faith in response to a
written demand from an association is immune from any claim from the unit
owner."

If not the loss of standing it gives the tenant a real good affirmative
defense.

Albert

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Monday, March 07, 2011 4:06 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction issue

We filed a case, Condo  Association made a demand on tenant after we filed.
Tenant answered.

We are dismissing the case because our agreement with the owner gives us the
right to dismiss, the owner failed to disclose the fact they were delinquent
and we do not tolerate this.

If this case were to continue though does the owner lose standing by virtue
of the Condo Association demand?

Another weird twist.

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.

<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773
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I've had cases where the owner was delinquent and upon getting a copy of the
association's demand, contacted the association and made payment
arrangements.  Of course as soon as the tenant knows the owner is delinquent
they stop paying rent.  So far, as long as the tenant has not made payment
to the associations I am not aware of cases being dismissed.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Monday, March 07, 2011 4:06 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction issue

We filed a case, Condo  Association made a demand on tenant after we filed.
Tenant answered.

We are dismissing the case because our agreement with the owner gives us the
right to dismiss, the owner failed to disclose the fact they were delinquent
and we do not tolerate this.

If this case were to continue though does the owner lose standing by virtue
of the Condo Association demand?

Another weird twist.

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.

<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773
3> Description: Description: facebook

Hi All,

I am getting more and more cases where property managers and landlords have
been scammed and their houses they own or manage are occupied by someone who
was scammed by someone else. Sometimes it simply is a squatter in one of the
thousands of vacant houses who says "I have an oral agreement with the
landlord" . The Craigslist and MLS info scam is rampant.

I just turn away these cases because I am REAL picky but what on earth do
you do in these cases? The police and sheriff will not touch them and they
give the standard response "it is a civil matter, call your lawyer".

Are these cases for ejectment? Does anyone want these referred to them?

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
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Harry:  I believe that situation would be covered under Chapter 82, Unlawful Entry and Unlawful Detainer, where the issue is possession.  An action under Chapter 82 can be brought using the summary procedure statute.  Ejectment actions under Chapter 66 are for determining title to the property.  Sometimes you bring both an unlawful detainer action to remove them quickly and an ejectment action if they are claiming ownership not tenancy. I have materials from a LL-T seminar I spoke at yesterday on these two areas if you want them.

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.commailto:ahorky@mbhlawyer.com
Website: www.mbhlawyer.comhttp://www.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: Wednesday, March 16, 2011 5:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Scammed and or squatting

Hi All,

I am getting more and more cases where property managers and landlords have been scammed and their houses they own or manage are occupied by someone who was scammed by someone else. Sometimes it simply is a squatter in one of the thousands of vacant houses who says "I have an oral agreement with the landlord" . The Craigslist and MLS info scam is rampant.

I just turn away these cases because I am REAL picky but what on earth do you do in these cases? The police and sheriff will not touch them and they give the standard response "it is a civil matter, call your lawyer".

Are these cases for ejectment? Does anyone want these referred to them?

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.
[cid:image001.gif@01CBE401.AD9C8F50]http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733

Harry:

I don't want them, but it may be easier procedurally to serve a 15 day notice and evict. There is no defense and the judges will not have to be educated on the other parts of the law.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image002.jpg@01CBE401.F56F3F80]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Wednesday, March 16, 2011 5:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Scammed and or squatting

Hi All,

I am getting more and more cases where property managers and landlords have been scammed and their houses they own or manage are occupied by someone who was scammed by someone else. Sometimes it simply is a squatter in one of the thousands of vacant houses who says "I have an oral agreement with the landlord" . The Craigslist and MLS info scam is rampant.

I just turn away these cases because I am REAL picky but what on earth do you do in these cases? The police and sheriff will not touch them and they give the standard response "it is a civil matter, call your lawyer".

Are these cases for ejectment? Does anyone want these referred to them?

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.
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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.

Hi David,

How can you evict if there is no landlord /tenant relationship?

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
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Wednesday, March 16, 2011 5:46 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Scammed and or squatting

Harry:

I don't want them, but it may be easier procedurally to serve a 15 day
notice and evict. There is no defense and the judges will not have to be
educated on the other parts of the law.

David  Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

Email Logo -Resize 30

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Wednesday, March 16, 2011 5:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Scammed and or squatting

Hi All,

I am getting more and more cases where property managers and landlords have
been scammed and their houses they own or manage are occupied by someone who
was scammed by someone else. Sometimes it simply is a squatter in one of the
thousands of vacant houses who says "I have an oral agreement with the
landlord" . The Craigslist and MLS info scam is rampant.

I just turn away these cases because I am REAL picky but what on earth do
you do in these cases? The police and sheriff will not touch them and they
give the standard response "it is a civil matter, call your lawyer".

Are these cases for ejectment? Does anyone want these referred to them?

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.

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3> Description: Description: facebook

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
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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.

The occupant is asserting that he is a tenant and if he defends will do so. Since the courts are both tenant oriented and more familiar with eviction than ejectment, I suggest that you would have an easier time treating the occupant as a month to month tenant. If you get the wrong judge in an ejectment, and that judge hears 'I have an oral agreement with the Landlord", you might get shoved back to an eviction anyway.
David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image002.jpg@01CBE488.0C9DBB60]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Wednesday, March 16, 2011 6:04 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Scammed and or squatting

Hi David,

How can you evict if there is no landlord /tenant relationship?

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Wednesday, March 16, 2011 5:46 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Scammed and or squatting

Harry:

I don't want them, but it may be easier procedurally to serve a 15 day notice and evict. There is no defense and the judges will not have to be educated on the other parts of the law.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image002.jpg@01CBE488.0C9DBB60]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Wednesday, March 16, 2011 5:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Scammed and or squatting

Hi All,

I am getting more and more cases where property managers and landlords have been scammed and their houses they own or manage are occupied by someone who was scammed by someone else. Sometimes it simply is a squatter in one of the thousands of vacant houses who says "I have an oral agreement with the landlord" . The Craigslist and MLS info scam is rampant.

I just turn away these cases because I am REAL picky but what on earth do you do in these cases? The police and sheriff will not touch them and they give the standard response "it is a civil matter, call your lawyer".

Are these cases for ejectment? Does anyone want these referred to them?

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.
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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.

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.

I have a residential REIT client (apartment communities) who wants to place
some arbitration language in his leases.

1. Security Deposits: I recommended against it as 83.49 clearly give the
   tenant the right to have access to the courts etc and for the small amount
   of security  deposit disputes that end up in court with attorney
   representation of the tenant, by agreeing to arbitrate could actually
   increase the costs and frequency of disputes and mediators/arbitrators are
   not free. In other words, the system "ain't broke" let's not fix it.

2. Damages to personal property:  We run into a lot of cases where the
   tenant's personal property gets damaged by flood, fire, mold, car is damaged
   by landscaper etc.  I think an arbitration clause may work and be legal
   here. Most leases have clauses that state that the landlord is not
   responsible for the tenant's personal property. Whether this is in fact
   upholdable by the courts is questionable as there is an implied warranty of
   habitability. Most tenants believe that the landlord is not liable for
   damages to personal property if that is what the lease says.

3. Personal injury:    This one is a doozy and way out of my league.  Can an
   arbitration clause be used to deal with slips and falls and other personal
   injury matters?  My gut instinct is NO.

Thoughts?

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

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