Hi Shane,

You possibly are making a couple of assumptions regarding the proposed 15 to 30 day change.

1. You assume that most tenants actually give proper notice.

2. You may be looking at it as 15 or 30 straight days which many tenants incorrectly do as well.

To terminate a month to month tenancy under current law, either party must give at least 15 days notice PRIOR TO THE END OF THE MONTHLY RENTAL PERIOD.  Not 15 straight days. So if a landlord decides to terminate on day 20, they must allow the tenant to stay until the end of the next month. If they forget and give notice on the 2nd day of the next month, they simply re-notice for the end of that month.

If changed to 30 days and the landlord forgets or decides on day 2 or day 5 that things are not working out and they want to terminate the month to month tenant, they potentially could have the tenant sit there for up to  59 days.

In a situation where a tenant is causing a significant problem but not enough for a successful  eviction, for example when witnesses are too scared to come to court,  the ease of terminating a month to  month tenant is why 15 days is advantageous and it should stay that way. This also is the case when an owner is wishing to sell and the buyer will only buy it if the unit is unoccupied.

Additionally, many tenants may wish to terminate their month to month quickly for instance when buying a short sale. If the law is changed to 30 days, they too could be stuck on the hook for up to 59 days of rent.

The hard truth is that most tenants don’t give proper notice and are uncollectable. They just up and move. Putting an additional burden on the owner will simply cause more loss of income to the owner and this loss gets spread around eventually to all tenants in higher rent.

There no coincidence that in states where the laws become  burdensome on the landlord, the rent is higher.

Finally, this proposed law will severely impact LIHTC properties and put them out of compliance.

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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, October 06, 2011 3:23 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] House Bill

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

Email Logo -Resize 30

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:  http://www.evict.com/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

The 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.

Harry,

Thank you for your response. I know how the termination process works, but I simply disagree with your arguments. I doubt these types of paradigmatic differences can be resolved via e-mail, so I’ll try to stay in Neil’s good graces by not responding any further to the full listserv.

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 Harry Heist
Sent: Thursday, October 06, 2011 3:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Hi Shane,

You possibly are making a couple of assumptions regarding the proposed 15 to 30 day change.

1. You assume that most tenants actually give proper notice.

2. You may be looking at it as 15 or 30 straight days which many tenants incorrectly do as well.

To terminate a month to month tenancy under current law, either party must give at least 15 days notice PRIOR TO THE END OF THE MONTHLY RENTAL PERIOD.  Not 15 straight days. So if a landlord decides to terminate on day 20, they must allow the tenant to stay until the end of the next month. If they forget and give notice on the 2nd day of the next month, they simply re-notice for the end of that month.

If changed to 30 days and the landlord forgets or decides on day 2 or day 5 that things are not working out and they want to terminate the month to month tenant, they potentially could have the tenant sit there for up to  59 days.

In a situation where a tenant is causing a significant problem but not enough for a successful  eviction, for example when witnesses are too scared to come to court,  the ease of terminating a month to  month tenant is why 15 days is advantageous and it should stay that way. This also is the case when an owner is wishing to sell and the buyer will only buy it if the unit is unoccupied.

Additionally, many tenants may wish to terminate their month to month quickly for instance when buying a short sale. If the law is changed to 30 days, they too could be stuck on the hook for up to 59 days of rent.

The hard truth is that most tenants don’t give proper notice and are uncollectable. They just up and move. Putting an additional burden on the owner will simply cause more loss of income to the owner and this loss gets spread around eventually to all tenants in higher rent.

There no coincidence that in states where the laws become  burdensome on the landlord, the rent is higher.

Finally, this proposed law will severely impact LIHTC properties and put them out of compliance.

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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, October 06, 2011 3:23 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] House Bill

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@01CC8448.BE75BA80]

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.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.

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 found the entire discourse fascinating; residential eviction work brings completely different perspectives !

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, October 06, 2011 4:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Harry,

Thank you for your response. I know how the termination process works, but I simply disagree with your arguments. I doubt these types of paradigmatic differences can be resolved via e-mail, so I’ll try to stay in Neil’s good graces by not responding any further to the full listserv.

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 Harry Heist
Sent: Thursday, October 06, 2011 3:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Hi Shane,

You possibly are making a couple of assumptions regarding the proposed 15 to 30 day change.

1. You assume that most tenants actually give proper notice.

2. You may be looking at it as 15 or 30 straight days which many tenants incorrectly do as well.

To terminate a month to month tenancy under current law, either party must give at least 15 days notice PRIOR TO THE END OF THE MONTHLY RENTAL PERIOD.  Not 15 straight days. So if a landlord decides to terminate on day 20, they must allow the tenant to stay until the end of the next month. If they forget and give notice on the 2nd day of the next month, they simply re-notice for the end of that month.

If changed to 30 days and the landlord forgets or decides on day 2 or day 5 that things are not working out and they want to terminate the month to month tenant, they potentially could have the tenant sit there for up to  59 days.

In a situation where a tenant is causing a significant problem but not enough for a successful  eviction, for example when witnesses are too scared to come to court,  the ease of terminating a month to  month tenant is why 15 days is advantageous and it should stay that way. This also is the case when an owner is wishing to sell and the buyer will only buy it if the unit is unoccupied.

Additionally, many tenants may wish to terminate their month to month quickly for instance when buying a short sale. If the law is changed to 30 days, they too could be stuck on the hook for up to 59 days of rent.

The hard truth is that most tenants don’t give proper notice and are uncollectable. They just up and move. Putting an additional burden on the owner will simply cause more loss of income to the owner and this loss gets spread around eventually to all tenants in higher rent.

There no coincidence that in states where the laws become  burdensome on the landlord, the rent is higher.

Finally, this proposed law will severely impact LIHTC properties and put them out of compliance.

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 Shane Weaver
Sent: Thursday, October 06, 2011 3:23 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] House Bill

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

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.

Hi Shane,

I was under the impression that the discussion of the bill was a purpose of the Listserv which is why I sent everyone a copy of the bill.

Many attorneys are not even aware that termination of month to month means giving notice at least 15 days prior to the end of the monthly rental period which is why I pointed this out. Many tenants, landlords and even attorneys think it is 15 straight days.  If it were 15 straight days, even I might  not have a problem with changing it to 30.

I don’t think it is about resolving paradigmatic differences here but rather just looking at the real mechanics of the change and the unintended consequences of a seemingly simple change to the statute and how it impacts both parties.

I will await further direction from Neil before I respond any further.

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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, October 06, 2011 4:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Harry,

Thank you for your response. I know how the termination process works, but I simply disagree with your arguments. I doubt these types of paradigmatic differences can be resolved via e-mail, so I’ll try to stay in Neil’s good graces by not responding any further to the full listserv.

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 Harry Heist
Sent: Thursday, October 06, 2011 3:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Hi Shane,

You possibly are making a couple of assumptions regarding the proposed 15 to 30 day change.

1. You assume that most tenants actually give proper notice.

2. You may be looking at it as 15 or 30 straight days which many tenants incorrectly do as well.

To terminate a month to month tenancy under current law, either party must give at least 15 days notice PRIOR TO THE END OF THE MONTHLY RENTAL PERIOD.  Not 15 straight days. So if a landlord decides to terminate on day 20, they must allow the tenant to stay until the end of the next month. If they forget and give notice on the 2nd day of the next month, they simply re-notice for the end of that month.

If changed to 30 days and the landlord forgets or decides on day 2 or day 5 that things are not working out and they want to terminate the month to month tenant, they potentially could have the tenant sit there for up to  59 days.

In a situation where a tenant is causing a significant problem but not enough for a successful  eviction, for example when witnesses are too scared to come to court,  the ease of terminating a month to  month tenant is why 15 days is advantageous and it should stay that way. This also is the case when an owner is wishing to sell and the buyer will only buy it if the unit is unoccupied.

Additionally, many tenants may wish to terminate their month to month quickly for instance when buying a short sale. If the law is changed to 30 days, they too could be stuck on the hook for up to 59 days of rent.

The hard truth is that most tenants don’t give proper notice and are uncollectable. They just up and move. Putting an additional burden on the owner will simply cause more loss of income to the owner and this loss gets spread around eventually to all tenants in higher rent.

There no coincidence that in states where the laws become  burdensome on the landlord, the rent is higher.

Finally, this proposed law will severely impact LIHTC properties and put them out of compliance.

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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, October 06, 2011 3:23 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] House Bill

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

Email Logo -Resize 30

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:  http://www.evict.com/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

The 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.

Shane and Harry,

An “open mike” discussion is invaluable in helping to crystallize our thinking about the proposed changes, their objectives and any unintended consequences.  Differences in perspectives are to be hoped for.

Warren P. Gammill, Esq.

Warren Gammill & Associates

Suite 1050, Courthouse Tower

44 West Flagler Street

Miami, Florida 33130

Telephone: 305-579-0000

Telecopier: 305-371-6927

Gammill@MiamiLawOffice.com

Website: www.gammilllaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, October 06, 2011 5:23 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Hi Shane,

I was under the impression that the discussion of the bill was a purpose of the Listserv which is why I sent everyone a copy of the bill.

Many attorneys are not even aware that termination of month to month means giving notice at least 15 days prior to the end of the monthly rental period which is why I pointed this out. Many tenants, landlords and even attorneys think it is 15 straight days.  If it were 15 straight days, even I might  not have a problem with changing it to 30.

I don’t think it is about resolving paradigmatic differences here but rather just looking at the real mechanics of the change and the unintended consequences of a seemingly simple change to the statute and how it impacts both parties.

I will await further direction from Neil before I respond any further.

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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, October 06, 2011 4:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Harry,

Thank you for your response. I know how the termination process works, but I simply disagree with your arguments. I doubt these types of paradigmatic differences can be resolved via e-mail, so I’ll try to stay in Neil’s good graces by not responding any further to the full listserv.

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 Harry Heist
Sent: Thursday, October 06, 2011 3:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Hi Shane,

You possibly are making a couple of assumptions regarding the proposed 15 to 30 day change.

1. You assume that most tenants actually give proper notice.

2. You may be looking at it as 15 or 30 straight days which many tenants incorrectly do as well.

To terminate a month to month tenancy under current law, either party must give at least 15 days notice PRIOR TO THE END OF THE MONTHLY RENTAL PERIOD.  Not 15 straight days. So if a landlord decides to terminate on day 20, they must allow the tenant to stay until the end of the next month. If they forget and give notice on the 2nd day of the next month, they simply re-notice for the end of that month.

If changed to 30 days and the landlord forgets or decides on day 2 or day 5 that things are not working out and they want to terminate the month to month tenant, they potentially could have the tenant sit there for up to  59 days.

In a situation where a tenant is causing a significant problem but not enough for a successful  eviction, for example when witnesses are too scared to come to court,  the ease of terminating a month to  month tenant is why 15 days is advantageous and it should stay that way. This also is the case when an owner is wishing to sell and the buyer will only buy it if the unit is unoccupied.

Additionally, many tenants may wish to terminate their month to month quickly for instance when buying a short sale. If the law is changed to 30 days, they too could be stuck on the hook for up to 59 days of rent.

The hard truth is that most tenants don’t give proper notice and are uncollectable. They just up and move. Putting an additional burden on the owner will simply cause more loss of income to the owner and this loss gets spread around eventually to all tenants in higher rent.

There no coincidence that in states where the laws become  burdensome on the landlord, the rent is higher.

Finally, this proposed law will severely impact LIHTC properties and put them out of compliance.

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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, October 06, 2011 3:23 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] House Bill

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

Email Logo -Resize 30

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:  http://www.evict.com/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

The 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 with Warren.  Differences in opinion among members of the listserve and “open mike” discussion and debate keep me thinking about issues that may come up in my cases and keep me on my toes.  Thank you all for your on-going questions, comments and contributions.

Albert

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Warren P. Gammill
Sent: Thursday, October 06, 2011 6:17 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Shane and Harry,

An “open mike” discussion is invaluable in helping to crystallize our thinking about the proposed changes, their objectives and any unintended consequences.  Differences in perspectives are to be hoped for.

Warren P. Gammill, Esq.

Warren Gammill & Associates

Suite 1050, Courthouse Tower

44 West Flagler Street

Miami, Florida 33130

Telephone: 305-579-0000

Telecopier: 305-371-6927

Gammill@MiamiLawOffice.com

Website: www.gammilllaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, October 06, 2011 5:23 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Hi Shane,

I was under the impression that the discussion of the bill was a purpose of the Listserv which is why I sent everyone a copy of the bill.

Many attorneys are not even aware that termination of month to month means giving notice at least 15 days prior to the end of the monthly rental period which is why I pointed this out. Many tenants, landlords and even attorneys think it is 15 straight days.  If it were 15 straight days, even I might  not have a problem with changing it to 30.

I don’t think it is about resolving paradigmatic differences here but rather just looking at the real mechanics of the change and the unintended consequences of a seemingly simple change to the statute and how it impacts both parties.

I will await further direction from Neil before I respond any further.

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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, October 06, 2011 4:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Harry,

Thank you for your response. I know how the termination process works, but I simply disagree with your arguments. I doubt these types of paradigmatic differences can be resolved via e-mail, so I’ll try to stay in Neil’s good graces by not responding any further to the full listserv.

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 Harry Heist
Sent: Thursday, October 06, 2011 3:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill

Hi Shane,

You possibly are making a couple of assumptions regarding the proposed 15 to 30 day change.

1. You assume that most tenants actually give proper notice.

2. You may be looking at it as 15 or 30 straight days which many tenants incorrectly do as well.

To terminate a month to month tenancy under current law, either party must give at least 15 days notice PRIOR TO THE END OF THE MONTHLY RENTAL PERIOD.  Not 15 straight days. So if a landlord decides to terminate on day 20, they must allow the tenant to stay until the end of the next month. If they forget and give notice on the 2nd day of the next month, they simply re-notice for the end of that month.

If changed to 30 days and the landlord forgets or decides on day 2 or day 5 that things are not working out and they want to terminate the month to month tenant, they potentially could have the tenant sit there for up to  59 days.

In a situation where a tenant is causing a significant problem but not enough for a successful  eviction, for example when witnesses are too scared to come to court,  the ease of terminating a month to  month tenant is why 15 days is advantageous and it should stay that way. This also is the case when an owner is wishing to sell and the buyer will only buy it if the unit is unoccupied.

Additionally, many tenants may wish to terminate their month to month quickly for instance when buying a short sale. If the law is changed to 30 days, they too could be stuck on the hook for up to 59 days of rent.

The hard truth is that most tenants don’t give proper notice and are uncollectable. They just up and move. Putting an additional burden on the owner will simply cause more loss of income to the owner and this loss gets spread around eventually to all tenants in higher rent.

There no coincidence that in states where the laws become  burdensome on the landlord, the rent is higher.

Finally, this proposed law will severely impact LIHTC properties and put them out of compliance.

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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, October 06, 2011 3:23 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] House Bill

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

Email Logo -Resize 30

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:  http://www.evict.com/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

The 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.

Group:

The section on page 2012 lines 29 – 33 has been added to comply with HUD section 8 regulations.

Eliminating (3) from Page 2012 and adding the reciprocal requirement eliminates the liquidated damages debate.

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.

Anyone see this yet?

It is a big bill.

Does anyone know who is behind it?

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.

Thanks Harry, this is not come our was from the Section as yet but I will find out what I can about who is pressing this.  If you wish to make specific comments up or down to this proposed bill, please send them to me.

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 Harry Heist
Sent: Friday, December 09, 2011 1:25 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill 921

Anyone see this yet?

It is a big bill.

Does anyone know who is behind it?

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.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.

</pre>IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law.  If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential.  If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited.  If you have<br>received this email in error, please notify the sender by<br>email reply.  Thank you.<br><pre>

Apartment community rents primarily with 1 year leases decides to do some short term rentals 6 months or less.

Do they have to pay sales/tourist tax?

We had a question come in where the party, apartment community,  that has primarily long term rentals and always will, feels that this case cited below means they do not.

If this is true, then sale tax in a situation like this would need to depend upon the "intention of the parties" .  Now there is some case law that states that for the purposes of evictions, a person can’t rent out motel rooms to transients and then just kick them out using 509 but this is a little different.

Here we are talking sales/tourist tax, not eviction.

Here are 2 examples which would be true if the interpretation below is correct.

Example #1: On vacation for 5 months, have house in NJ, rent apartment I an apartment community for 5 month vacation -- No sales tax

Example #2: Sold house and moved from NJ, looking to buy a house, rent an apartment in Florida for 5 months - Sales/Tourist tax due

H

See below:

This court reversed and remanded, Hale v. Department of Revenue, 808 So.2d 237 (Fla. 1st DCA 2002), holding that section 212.03(7)(a) provided a separate exemption from tax where the apartments constitute the “permanent or principal place of residence” of the tenants and that it was not necessary to have leases in excess of six months as required by section 212.03(4) to be entitled to the exemption provided by section 212.03(7)(a)."

The court relied in the following:212.03 (7) (a)Full-time students enrolled in an institution offering postsecondary education and military personnel currently on active duty who reside in the facilities described in subsection (1) shall be exempt from the tax imposed by this section. The department shall be empowered to determine what shall be deemed acceptable proof of full-time enrollment. The exemption contained in this subsection shall apply irrespective of any other provisions of this section. The tax levied by this section shall not apply to or be imposed upon or collected on the basis of rentals to any person who resides in any building or group of buildings intended primarily for lease or rent to persons as their permanent or principal place of residence.

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