Re: [RPPTL LandTen] The new condo law
As far as a tenant being in a legitimate rent withholding situation and the new condo law, the new law specifically states that the CA/HOA has no duties under section 83.51, so it seems that defense is out. More of a mess or issue is if the CA/HOA decides to evict who is the Court putting in possession of the premises? The Writ of Possession will put who in possession? the CA/HOA?
As far as the FDCPA, no one other than the landlord should issue a 3-day notice, even placing the FDCPA language on a 3-day notice is a problem, because you are overshadowing the 30 day debt validation period of the FDCPA - I think this may present a problem for CA/HOA issuing 3-day notices under the new law.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
--- sabollawoffice@yahoo.com wrote:
From: Cary Sabol <sabollawoffice@yahoo.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] The new condo law
Date: Fri, 9 Jul 2010 11:22:03 -0700 (PDT)
Do you include a separate FDCPA Notice attached to the 3 Day or do you include additional FDCPA language in the 3 day itself?
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 697-4805
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 Fri, 7/9/10, harry@evict.com <harry@evict.com> wrote:
From: harry@evict.com <harry@evict.com>
Subject: [RPPTL LandTen] The new condo law
To: landten@lists.flabarrpptl.org
Date: Friday, July 9, 2010, 12:42 PMHi All,
We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess.
The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it.
What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law?
Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop.
Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA.
Here is my sample form.
Harry Heist
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.comTHIS 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
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
Find a local lawyer and free legal information at FindLaw.com.
Interestingly, I see many 3 Day Notices from the Southeast Florida area with the Validation Wording on them. I was always curious who or what started this.
I believe a good argument can be made that the CA/HOA is not a "debt collector" as the new law makes them in a sense the original creditor.
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
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 Alberto Cardet
Sent: Friday, July 09, 2010 2:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] The new condo law
As far as a tenant being in a legitimate rent withholding situation and the new condo law, the new law specifically states that the CA/HOA has no duties under section 83.51, so it seems that defense is out. More of a mess or issue is if the CA/HOA decides to evict who is the Court putting in possession of the premises? The Writ of Possession will put who in possession? the CA/HOA?
As far as the FDCPA, no one other than the landlord should issue a 3-day notice, even placing the FDCPA language on a 3-day notice is a problem, because you are overshadowing the 30 day debt validation period of the FDCPA - I think this may present a problem for CA/HOA issuing 3-day notices under the new law.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
--- sabollawoffice@yahoo.com wrote:
From: Cary Sabol sabollawoffice@yahoo.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] The new condo law
Date: Fri, 9 Jul 2010 11:22:03 -0700 (PDT)
Do you include a separate FDCPA Notice attached to the 3 Day or do you include additional FDCPA language in the 3 day itself?
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 697-4805
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 Fri, 7/9/10, harry@evict.com harry@evict.com wrote:
From: harry@evict.com harry@evict.com
Subject: [RPPTL LandTen] The new condo law
To: landten@lists.flabarrpptl.org
Date: Friday, July 9, 2010, 12:42 PM
Hi All,
We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess.
The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it.
What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law?
Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop.
Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA.
Here is my sample form.
Harry Heist
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
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mail.justice.com/eonapps/ft/wm/page/compose?send_to=landten%40lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
Find a local lawyer and free legal information at FindLaw.com.
I have recommended that the Association in approving any Lease require an Addendum which outlines the rights of the Association to collect assessments from tenants and subjecting them to eviction…Therefore, the obligation is part of the Lease itself and not a “debt” (agreeing with Harry)….This way the Court looks at the document as enforcement of a Lease.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Friday, July 09, 2010 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] The new condo law
Interestingly, I see many 3 Day Notices from the Southeast Florida area with the Validation Wording on them. I was always curious who or what started this.
I believe a good argument can be made that the CA/HOA is not a "debt collector" as the new law makes them in a sense the original creditor.
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
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 Alberto Cardet
Sent: Friday, July 09, 2010 2:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] The new condo law
As far as a tenant being in a legitimate rent withholding situation and the new condo law, the new law specifically states that the CA/HOA has no duties under section 83.51, so it seems that defense is out. More of a mess or issue is if the CA/HOA decides to evict who is the Court putting in possession of the premises? The Writ of Possession will put who in possession? the CA/HOA?
As far as the FDCPA, no one other than the landlord should issue a 3-day notice, even placing the FDCPA language on a 3-day notice is a problem, because you are overshadowing the 30 day debt validation period of the FDCPA - I think this may present a problem for CA/HOA issuing 3-day notices under the new law.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
--- sabollawoffice@yahoo.com wrote:
From: Cary Sabol sabollawoffice@yahoo.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] The new condo law
Date: Fri, 9 Jul 2010 11:22:03 -0700 (PDT)
Do you include a separate FDCPA Notice attached to the 3 Day or do you include additional FDCPA language in the 3 day itself?
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 697-4805
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 Fri, 7/9/10, harry@evict.com harry@evict.com wrote:
From: harry@evict.com harry@evict.com
Subject: [RPPTL LandTen] The new condo law
To: landten@lists.flabarrpptl.org
Date: Friday, July 9, 2010, 12:42 PM
Hi All,
We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess.
The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it.
What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law?
Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop.
Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA.
Here is my sample form.
Harry Heist
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
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mail.justice.com/eonapps/ft/wm/page/compose?send_to=landten%40lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
Find a local lawyer and free legal information at FindLaw.com.
I have recommended that the Association in approving any Lease require an Addendum which outlines the rights of the Association to collect assessments from tenants and subjecting them to eviction…Therefore, the obligation is part of the Lease itself and not a “debt” (agreeing with Harry)….This way the Court looks at the document as enforcement of a Lease.
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@evict.com
Sent: Friday, July 09, 2010 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] The new condo law
Interestingly, I see many 3 Day Notices from the Southeast Florida area with the Validation Wording on them. I was always curious who or what started this.
I believe a good argument can be made that the CA/HOA is not a "debt collector" as the new law makes them in a sense the original creditor.
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
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 Alberto Cardet
Sent: Friday, July 09, 2010 2:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] The new condo law
As far as a tenant being in a legitimate rent withholding situation and the new condo law, the new law specifically states that the CA/HOA has no duties under section 83.51, so it seems that defense is out. More of a mess or issue is if the CA/HOA decides to evict who is the Court putting in possession of the premises? The Writ of Possession will put who in possession? the CA/HOA?
As far as the FDCPA, no one other than the landlord should issue a 3-day notice, even placing the FDCPA language on a 3-day notice is a problem, because you are overshadowing the 30 day debt validation period of the FDCPA - I think this may present a problem for CA/HOA issuing 3-day notices under the new law.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
--- sabollawoffice@yahoo.com wrote:
From: Cary Sabol sabollawoffice@yahoo.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] The new condo law
Date: Fri, 9 Jul 2010 11:22:03 -0700 (PDT)
Do you include a separate FDCPA Notice attached to the 3 Day or do you include additional FDCPA language in the 3 day itself?
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 697-4805
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 Fri, 7/9/10, harry@evict.com harry@evict.com wrote:
From: harry@evict.com harry@evict.com
Subject: [RPPTL LandTen] The new condo law
To: landten@lists.flabarrpptl.org
Date: Friday, July 9, 2010, 12:42 PM
Hi All,
We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess.
The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it.
What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law?
Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop.
Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA.
Here is my sample form.
Harry Heist
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
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mail.justice.com/eonapps/ft/wm/page/compose?send_to=landten%40lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
Find a local lawyer and free legal information at FindLaw.com.
For FDCPA purposes, isn’t this the unit-owner’s debt, not the tenant’s? And does the statute protect against the FDCPA’s prohibition on disclosing someone’s debt to a third party (the tenant)?
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) 655-5269
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Friday, July 09, 2010 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] The new condo law
Interestingly, I see many 3 Day Notices from the Southeast Florida area with the Validation Wording on them. I was always curious who or what started this.
I believe a good argument can be made that the CA/HOA is not a "debt collector" as the new law makes them in a sense the original creditor.
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.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 Alberto Cardet
Sent: Friday, July 09, 2010 2:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] The new condo law
As far as a tenant being in a legitimate rent withholding situation and the new condo law, the new law specifically states that the CA/HOA has no duties under section 83.51, so it seems that defense is out. More of a mess or issue is if the CA/HOA decides to evict who is the Court putting in possession of the premises? The Writ of Possession will put who in possession? the CA/HOA?
As far as the FDCPA, no one other than the landlord should issue a 3-day notice, even placing the FDCPA language on a 3-day notice is a problem, because you are overshadowing the 30 day debt validation period of the FDCPA - I think this may present a problem for CA/HOA issuing 3-day notices under the new law.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
--- sabollawoffice@yahoo.com wrote:
From: Cary Sabol sabollawoffice@yahoo.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] The new condo law
Date: Fri, 9 Jul 2010 11:22:03 -0700 (PDT)
Do you include a separate FDCPA Notice attached to the 3 Day or do you include additional FDCPA language in the 3 day itself?
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 697-4805
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 Fri, 7/9/10, harry@evict.com harry@evict.com wrote:
From: harry@evict.com harry@evict.com
Subject: [RPPTL LandTen] The new condo law
To: landten@lists.flabarrpptl.org
Date: Friday, July 9, 2010, 12:42 PM
Hi All,
We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess.
The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it.
What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law?
Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop.
Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA.
Here is my sample form.
Harry Heist
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.comhttp://www.evict.com/
Email: harry@evict.comhttp://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.orghttp://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________ landten mailing list landten@lists.flabarrpptl.orghttp://mail.justice.com/eonapps/ft/wm/page/compose?send_to=landten%40lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
Find a local lawyer and free legal information at FindLaw.com.
I apologize in advance if this is the wrong forum but I have a client who needs a commercial eviction in Dade and we do not do commercial. I would like to see them use an attorney from this group.
Please email me at harry@evict.com if you are interested. It is a large national REIT.
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
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
Harry,
Did you find someone? We should be able to help (assuming no conflict).
Carol
Carol Schoffel Faber, Esq.
Akerman Senterfitt
One S.E. Third Avenue
Suite 2500
Miami, Florida 33131
Phone: 305-374-5600
Direct: 305-982-5559
Office Fax: 305-374-5095
Private Fax: 305-349-4780
Email: carol.faber@akerman.com
http://www.akerman.com/
http://www.akerman.com/| Bio | V Card
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
harry@evict.com
Sent: Wednesday, August 25, 2010 4:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Need commercial attorney for eviction in Dade.
I apologize in advance if this is the wrong forum but I have a client
who needs a commercial eviction in Dade and we do not do commercial. I
would like to see them use an attorney from this group.
Please email me at harry@evict.com if you are interested. It is a large
national REIT.
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
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.
Hello All,
The main eviction attorney in Orlando is fronting the property manager money that is in the court registry when they do a Stip or it is awarded at trial. When the money is disbursed from the registry to his firm, which may take a couple weeks, he then just keeps the money.
He does this as a marketing tool as an apartment manager's bonus is often based on money collected each month.
It this ethical? I have my doubts.
Thoughts?
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
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.
My humble opinion, it is an ethical violation as the lawyer is (1) providing the client financial assistance and (2) as a marketing ploy it seems like the lawyer is paying for clients, money costs money, by getting the money to the plaintiff quicker, by advancing the court registry funds the lawyer is conferring a benefit to the client or client’s manager in exchange for their business.
As lawyers we can advance litigation costs to a certain point. The Bar recently disciplined a lawyer for among other things paying for a client’s appellate attorney’s fees, the Bar found that by paying fees to another lawyer to prosecute an appeal on behalf of a client the lawyer was assisting the client financially.
You can always get an ethics opinion by calling the Bar’s ethics hotline.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, July 13, 2011 12:22 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Ethics question
Hello All,
The main eviction attorney in Orlando is fronting the property manager money that is in the court registry when they do a Stip or it is awarded at trial. When the money is disbursed from the registry to his firm, which may take a couple weeks, he then just keeps the money.
He does this as a marketing tool as an apartment manager's bonus is often based on money collected each month.
It this ethical? I have my doubts.
Thoughts?
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
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.