Empathy List Archives

CS

Cary Sabol

Mon, Mar 22, 2010 4:29 PM

I agree with Greg Hass. There is no reason the provision should not be enforceable. However, you might be rolling the dice, depending on which County Judge you get, as to whether it would be grounds for evicting the tenant though.

Cary Sabol

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

--- On Mon, 3/22/10, Greg Hass GregH@floridarealtors.org wrote:

From: Greg Hass GregH@floridarealtors.org
Subject: Re: [RPPTL LandTen] Renter's insurance
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Monday, March 22, 2010, 12:11 PM

Well, in both the current and proposed new versions of the “Residential Lease for Single Family Home or Duplex”, it provides in Section 18 as follows:

18. RISK OF LOSS/INSURANCE
A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct.
B. Tenant should carry insurance covering Tenant’s personal property and Tenant’s liability insurance.

IMO if the Supreme Court has approved a lease saying the T should carry insurance, then I don’t see why an attorney couldn’t draft their own custom lease requiring it. Presumably it would just be an 83.56 (2)(b) type violation if T doesn’t comply and you would give them a 7 day notice. Would be interesting to see how Judge Judy would react to an attempt by a LL to evict on that basis. So yes I think it’s legal, but I’m skeptical on how enforceable it would be in County court.

Regards,
Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

Florida Open House Weekend: April 10-11
Be Proud of it. Be Part of it.
http://floridarealtors.org/openhouse

LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Monday, March 22, 2010 11:40 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Renter's insurance

Hello All,

Can anyone give their opinion as to the legality of requiring a residential tenant to purchase renter's insurance.

I believe 3 states specifically allow it by statute but we are silent.

I see it pop up here and there in leases but have been hesitant to give the green light to the large multi-family clients who are requesting it.

The larger clients are not so much concerned with damages to the tenant's personal property but they want to require liability insurance from the tenants to protect the apartment community in the event the tenant causes a fire or flood.

Thanks,

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
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.

-----Inline Attachment Follows-----

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

I agree with Greg Hass. There is no reason the provision should not be enforceable. However, you might be rolling the dice, depending on which County Judge you get, as to whether it would be grounds for evicting the tenant though. Cary Sabol Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. --- On Mon, 3/22/10, Greg Hass <GregH@floridarealtors.org> wrote: From: Greg Hass <GregH@floridarealtors.org> Subject: Re: [RPPTL LandTen] Renter's insurance To: "RPPTL Landlord Tenant Committee" <landten@lists.flabarrpptl.org> Date: Monday, March 22, 2010, 12:11 PM Well, in both the current and proposed new versions of the “Residential Lease for Single Family Home or Duplex”, it provides in Section 18 as follows: 18. RISK OF LOSS/INSURANCE A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct. B. Tenant should carry insurance covering Tenant’s personal property and Tenant’s liability insurance. IMO if the Supreme Court has approved a lease saying the T should carry insurance, then I don’t see why an attorney couldn’t draft their own custom lease requiring it. Presumably it would just be an 83.56 (2)(b) type violation if T doesn’t comply and you would give them a 7 day notice. Would be interesting to see how Judge Judy would react to an attempt by a LL to evict on that basis. So yes I think it’s legal, but I’m skeptical on how enforceable it would be in County court. Regards, Greg Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org Florida Open House Weekend: April 10-11 Be Proud of it. Be Part of it. http://floridarealtors.org/openhouse LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Monday, March 22, 2010 11:40 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Renter's insurance Hello All, Can anyone give their opinion as to the legality of requiring a residential tenant to purchase renter's insurance. I believe 3 states specifically allow it by statute but we are silent. I see it pop up here and there in leases but have been hesitant to give the green light to the large multi-family clients who are requesting it. The larger clients are not so much concerned with damages to the tenant's personal property but they want to require liability insurance from the tenants to protect the apartment community in the event the tenant causes a fire or flood. Thanks, 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 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. -----Inline Attachment Follows----- _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

GH

Greg Hass

Mon, Mar 22, 2010 4:50 PM

Enforceability would come down to whether it’s deemed to be a “material provision of the rental agreement”, and materiality is in the eye of the beholding judge of course. Might help to add a place in the lease for the Tenant to initial acknowledging that he/she “understands and agrees that the requirement is a material provision of the rental agreement that may lead to grounds for an eviction”. That would probably persuade me if I were the judge.

Greg

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, March 22, 2010 12:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renter's insurance

I agree with Greg Hass. There is no reason the provision should not be enforceable. However, you might be rolling the dice, depending on which County Judge you get, as to whether it would be grounds for evicting the tenant though.

Cary Sabol

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

--- On Mon, 3/22/10, Greg Hass GregH@floridarealtors.org wrote:

From: Greg Hass GregH@floridarealtors.org
Subject: Re: [RPPTL LandTen] Renter's insurance
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Monday, March 22, 2010, 12:11 PM

Well, in both the current and proposed new versions of the “Residential Lease for Single Family Home or Duplex”, it provides in Section 18 as follows:

RISK OF LOSS/INSURANCE

        A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct.

        B. Tenant should carry insurance covering Tenant’s personal property and Tenant’s liability insurance.

IMO if the Supreme Court has approved a lease saying the T should carry insurance, then I don’t see why an attorney couldn’t draft their own custom lease requiring it. Presumably it would just be an 83.56 (2)(b) type violation if T doesn’t comply and you would give them a 7 day notice. Would be interesting to see how Judge Judy would react to an attempt by a LL to evict on that basis. So yes I think it’s legal, but I’m skeptical on how enforceable it would be in County court.

Regards,

Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org http://www.floridarealtors.org/

Florida Open House Weekend: April 10-11
Be Proud of it. Be Part of it.
http://floridarealtors.org/openhouse

LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Monday, March 22, 2010 11:40 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Renter's insurance

Hello All,

Can anyone give their opinion as to the legality of requiring a residential tenant to purchase renter's insurance.

I believe 3 states specifically allow it by statute but we are silent.

I see it pop up here and there in leases but have been hesitant to give the green light to the large multi-family clients who are requesting it.

The larger clients are not so much concerned with damages to the tenant's personal property but they want to require liability insurance from the tenants to protect the apartment community in the event the tenant causes a fire or flood.

Thanks,

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 http://us.mc578.mail.yahoo.com/mc/compose?to=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.

-----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

Enforceability would come down to whether it’s deemed to be a “material provision of the rental agreement”, and materiality is in the eye of the beholding judge of course. Might help to add a place in the lease for the Tenant to initial acknowledging that he/she “understands and agrees that the requirement is a material provision of the rental agreement that may lead to grounds for an eviction”. That would probably persuade me if I were the judge. Greg From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Monday, March 22, 2010 12:30 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Renter's insurance I agree with Greg Hass. There is no reason the provision should not be enforceable. However, you might be rolling the dice, depending on which County Judge you get, as to whether it would be grounds for evicting the tenant though. Cary Sabol Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. --- On Mon, 3/22/10, Greg Hass <GregH@floridarealtors.org> wrote: From: Greg Hass <GregH@floridarealtors.org> Subject: Re: [RPPTL LandTen] Renter's insurance To: "RPPTL Landlord Tenant Committee" <landten@lists.flabarrpptl.org> Date: Monday, March 22, 2010, 12:11 PM Well, in both the current and proposed new versions of the “Residential Lease for Single Family Home or Duplex”, it provides in Section 18 as follows: 18. RISK OF LOSS/INSURANCE A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct. B. Tenant should carry insurance covering Tenant’s personal property and Tenant’s liability insurance. IMO if the Supreme Court has approved a lease saying the T should carry insurance, then I don’t see why an attorney couldn’t draft their own custom lease requiring it. Presumably it would just be an 83.56 (2)(b) type violation if T doesn’t comply and you would give them a 7 day notice. Would be interesting to see how Judge Judy would react to an attempt by a LL to evict on that basis. So yes I think it’s legal, but I’m skeptical on how enforceable it would be in County court. Regards, Greg Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors® 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org <http://www.floridarealtors.org/> Florida Open House Weekend: April 10-11 Be Proud of it. Be Part of it. http://floridarealtors.org/openhouse LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Monday, March 22, 2010 11:40 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Renter's insurance Hello All, Can anyone give their opinion as to the legality of requiring a residential tenant to purchase renter's insurance. I believe 3 states specifically allow it by statute but we are silent. I see it pop up here and there in leases but have been hesitant to give the green light to the large multi-family clients who are requesting it. The larger clients are not so much concerned with damages to the tenant's personal property but they want to require liability insurance from the tenants to protect the apartment community in the event the tenant causes a fire or flood. Thanks, 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 <http://us.mc578.mail.yahoo.com/mc/compose?to=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. -----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>

H

harry (at) evict.com

Fri, Jun 10, 2011 8:34 PM

I need attorneys to refer mobile home cases to. I don’t deal with them.

I have one park in Brooksville that needs an attorney for leases, lease options and evictions.

Have a nice weekend,

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: 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.

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

I need attorneys to refer mobile home cases to. I don’t deal with them. I have one park in Brooksville that needs an attorney for leases, lease options and evictions. Have a nice weekend, 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: <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. <http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733> Description: Description: facebook

BB

Beverly Barnett

Fri, Jun 10, 2011 8:42 PM

Harry:

I have several clients with mobile home parks. I am willing to assist clients in Hernando County. I would appreciate your referrals. Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Friday, June 10, 2011 4:35 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Mobile Homes

I need attorneys to refer mobile home cases to. I don't deal with them.

I have one park in Brooksville that needs an attorney for leases, lease options and evictions.

Have a nice weekend,

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.
[cid:image001.gif@01CC278D.66C329C0]http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733

Harry: I have several clients with mobile home parks. I am willing to assist clients in Hernando County. I would appreciate your referrals. Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Friday, June 10, 2011 4:35 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Mobile Homes I need attorneys to refer mobile home cases to. I don't deal with them. I have one park in Brooksville that needs an attorney for leases, lease options and evictions. Have a nice weekend, 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. [cid:image001.gif@01CC278D.66C329C0]<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733>

HH

Harry Heist

Thu, Oct 6, 2011 5:44 PM

Here is a recently filed bill.

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: 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.

Here is a recently filed bill. 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: <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.

L

lesstevens

Thu, Oct 6, 2011 5:54 PM

I particularly don’t like the change on month-to-month tenancies from 15 to 30 days….This is inviting Tenants not to pay their last month’s rent, forces Landlord’s to use security deposits and then not have any funds in the event of damage by the Tenant after move-out.

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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, October 06, 2011 1:45 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill

Here is a recently filed bill.

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: 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 particularly don’t like the change on month-to-month tenancies from 15 to 30 days….This is inviting Tenants not to pay their last month’s rent, forces Landlord’s to use security deposits and then not have any funds in the event of damage by the Tenant after move-out. 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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, October 06, 2011 1:45 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill Here is a recently filed bill. 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: <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.

DW

David Weisman

Thu, Oct 6, 2011 6:22 PM

I agree and move the committee to oppose this.

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:image001.jpg@01CC8433.5828D010]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Thursday, October 06, 2011 1:54 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

I particularly don’t like the change on month-to-month tenancies from 15 to 30 days….This is inviting Tenants not to pay their last month’s rent, forces Landlord’s to use security deposits and then not have any funds in the event of damage by the Tenant after move-out.

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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, October 06, 2011 1:45 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill

Here is a recently filed bill.

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.

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 agree and move the committee to oppose this. 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:image001.jpg@01CC8433.5828D010] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Thursday, October 06, 2011 1:54 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] House Bill I particularly don’t like the change on month-to-month tenancies from 15 to 30 days….This is inviting Tenants not to pay their last month’s rent, forces Landlord’s to use security deposits and then not have any funds in the event of damage by the Tenant after move-out. 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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, October 06, 2011 1:45 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill Here is a recently filed bill. 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. 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.

JA

Joseph Alexander

Thu, Oct 6, 2011 6:49 PM

Are we being asked to comment on the written style of the Bill or are we
being asked to indicate support/opposition?

In the event that we are being asked to indicate support/opposition:

I agree with Les and David. I would second David's motion and vote for
opposition of the Bill.

In the event that we are being asked to comment on style:

The addition to 83.575(2) is confusing, as proposed.

Thank you, P Think before you print.

Joseph N. Alexander | Partner

POTTER CLEMENT LOWRY

308 East Fifth Avenue

Mount Dora, Florida 32757

Phone: 352.383.4186

Fax: 352.383.0087

jnalexander@pcld-law.com BLOCKED::mailto:jnalexander@pcld-law.com

This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and
confidential. If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination of this
communication is strictly prohibited. If you have received this e-mail
in error, please notify us immediately by replying to this e-mail
message or by telephone and delete this message and any attachments from
your system. Thank you.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Thursday, October 06, 2011 2:22 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] House Bill

I agree and move the committee to oppose this.

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

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Thursday, October 06, 2011 1:54 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

I particularly don't like the change on month-to-month tenancies from 15
to 30 days....This is inviting Tenants not to pay their last month's
rent, forces Landlord's to use security deposits and then not have any
funds in the event of damage by the Tenant after move-out.

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: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, October 06, 2011 1:45 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill

Here is a recently filed bill.

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.

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.

Are we being asked to comment on the written style of the Bill or are we being asked to indicate support/opposition? In the event that we are being asked to indicate support/opposition: I agree with Les and David. I would second David's motion and vote for opposition of the Bill. In the event that we are being asked to comment on style: The addition to 83.575(2) is confusing, as proposed. Thank you, P Think before you print. Joseph N. Alexander | Partner POTTER CLEMENT LOWRY 308 East Fifth Avenue Mount Dora, Florida 32757 Phone: 352.383.4186 Fax: 352.383.0087 jnalexander@pcld-law.com <BLOCKED::mailto:jnalexander@pcld-law.com> This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Thursday, October 06, 2011 2:22 PM To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] House Bill I agree and move the committee to oppose this. 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 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Thursday, October 06, 2011 1:54 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] House Bill I particularly don't like the change on month-to-month tenancies from 15 to 30 days....This is inviting Tenants not to pay their last month's rent, forces Landlord's to use security deposits and then not have any funds in the event of damage by the Tenant after move-out. 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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, October 06, 2011 1:45 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill Here is a recently filed bill. 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. 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.

NB

Neil B. Shoter

Thu, Oct 6, 2011 7:01 PM

This bill just came out and Harry Heist was good enough to bring it to our attention. I would have been asked to circulate this bill to our Committee in any event, so yes, since this bill has affects on Landlord/Tenant practice, please provide your comments directly to our legislative chair, Scott Frank or me directly.

Neil

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, October 06, 2011 2:49 PM
To: RPPTL Landlord Tenant Committee; lesstevens@earthlink.net
Subject: Re: [RPPTL LandTen] House Bill

Are we being asked to comment on the written style of the Bill or are we being asked to indicate support/opposition?

In the event that we are being asked to indicate support/opposition:
I agree with Les and David. I would second David's motion and vote for opposition of the Bill.

In the event that we are being asked to comment on style:
The addition to 83.575(2) is confusing, as proposed.

Thank you, P Think before you print.

Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.com BLOCKED::mailto:jnalexander@pcld-law.com

This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Thursday, October 06, 2011 2:22 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] House Bill

I agree and move the committee to oppose this.

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:856285918@06102011-3591]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Thursday, October 06, 2011 1:54 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

I particularly don't like the change on month-to-month tenancies from 15 to 30 days....This is inviting Tenants not to pay their last month's rent, forces Landlord's to use security deposits and then not have any funds in the event of damage by the Tenant after move-out.

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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, October 06, 2011 1:45 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill

Here is a recently filed bill.

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.

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.
</pre>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. 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. <pre>

This bill just came out and Harry Heist was good enough to bring it to our attention. I would have been asked to circulate this bill to our Committee in any event, so yes, since this bill has affects on Landlord/Tenant practice, please provide your comments directly to our legislative chair, Scott Frank or me directly. Neil [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander Sent: Thursday, October 06, 2011 2:49 PM To: RPPTL Landlord Tenant Committee; lesstevens@earthlink.net Subject: Re: [RPPTL LandTen] House Bill Are we being asked to comment on the written style of the Bill or are we being asked to indicate support/opposition? In the event that we are being asked to indicate support/opposition: I agree with Les and David. I would second David's motion and vote for opposition of the Bill. In the event that we are being asked to comment on style: The addition to 83.575(2) is confusing, as proposed. Thank you, P Think before you print. Joseph N. Alexander | Partner POTTER CLEMENT LOWRY 308 East Fifth Avenue Mount Dora, Florida 32757 Phone: 352.383.4186 Fax: 352.383.0087 jnalexander@pcld-law.com<BLOCKED::mailto:jnalexander@pcld-law.com> This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Thursday, October 06, 2011 2:22 PM To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] House Bill I agree and move the committee to oppose this. 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:856285918@06102011-3591] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Thursday, October 06, 2011 1:54 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] House Bill I particularly don't like the change on month-to-month tenancies from 15 to 30 days....This is inviting Tenants not to pay their last month's rent, forces Landlord's to use security deposits and then not have any funds in the event of damage by the Tenant after move-out. 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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, October 06, 2011 1:45 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill Here is a recently filed bill. 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. 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. </pre>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. 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. <pre>

SW

Shane Weaver

Thu, Oct 6, 2011 7:23 PM

By that logic, you could argue that tenants won’t pay their rent in the final month of a written lease because they know it’s ending. Is that really endemic?

The increase from 15 to 30 days is a common-sense change that would benefit both parties. When the tenant is the one terminating, the landlord would have more time to arrange for another tenant before the income stream actually ends.

And while 15 days may not be a lot of time for a landlord, it is extremely little time for a tenant to look for and find other available housing, go through the necessary application/approval procedures, and accomplish the physical move. Giving so little time has always been a recipe for more litigation.

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

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Thursday, October 06, 2011 2:22 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] House Bill

I agree and move the committee to oppose this.

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:image001.jpg@01CC8435.7A44BCC0]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Thursday, October 06, 2011 1:54 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

I particularly don’t like the change on month-to-month tenancies from 15 to 30 days….This is inviting Tenants not to pay their last month’s rent, forces Landlord’s to use security deposits and then not have any funds in the event of damage by the Tenant after move-out.

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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, October 06, 2011 1:45 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill

Here is a recently filed bill.

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.

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.

By that logic, you could argue that tenants won’t pay their rent in the final month of a written lease because they know it’s ending. Is that really endemic? The increase from 15 to 30 days is a common-sense change that would benefit both parties. When the tenant is the one terminating, the landlord would have more time to arrange for another tenant before the income stream actually ends. And while 15 days may not be a lot of time for a landlord, it is extremely little time for a tenant to look for and find other available housing, go through the necessary application/approval procedures, and accomplish the physical move. Giving so little time has always been a recipe for more litigation. Shane Weaver, Esq. Legal Aid Society of Palm Beach County 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Tel. (561) 822-9785 Fax (561) 822-9885 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Thursday, October 06, 2011 2:22 PM To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] House Bill I agree and move the committee to oppose this. 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:image001.jpg@01CC8435.7A44BCC0] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Thursday, October 06, 2011 1:54 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] House Bill I particularly don’t like the change on month-to-month tenancies from 15 to 30 days….This is inviting Tenants not to pay their last month’s rent, forces Landlord’s to use security deposits and then not have any funds in the event of damage by the Tenant after move-out. 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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, October 06, 2011 1:45 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill Here is a recently filed bill. 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. 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.

landten@lists.flabarrpptl.org

[RPPTL LandTen] FW: HB 329 - Condo Assessments