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[RPPTL LandTen] Article of interest

NB
Neil B. Shoter
Mon, Jun 23, 2008 6:46 PM

South Palm Beach County (Delray Beach) Florida - Real Estate & Rental
Markets

	Delray Beach, Florida Resident & Landlord Seeks to Make

Changes to Landlord/Tenant Laws

http://www.pr-inside.com/print657920.htm

Print article

http://www.pr-inside.com/mail657920.htm

Refer to a friend

Mark J. Behar-Delray Beach, FL - Property Owner/Investor & Landlord.

	2008-06-23 09:43:37 - Old & Outdated Landlord/Tenant

Laws Exasperate South Florida Landlord with 28 Rentals

	Mark Behar placed "Free Rent" signs in front of his

unoccupied dwellings in Delray Beach and Boynton Beach.

	But even in these dire economic times, Behar isn't

receiving any calls.

	Of his 28 rentals, only six are occupied.
	
	Behar said the landlord-tenant laws he must follow are

pro-tenant and have harmed him financially. If changes don't occur in
the rental market and

	landlord-tenant laws, he predicts he'll be out of 

business
<http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920
.htm> .

	"Everybody thinks with rising gas prices [and] rising

grocery prices, rents are also up. Rents are down to where they were in
1997," Behar said.

	The Delray Beach resident started renting properties in
	"Economically, it's a bad time for rentals," Behar said.
	
	Tenants not paying rent on time, vandalism and false

claims all are part of daily life as a landlord, he said.

	"I have had problems with tenants destroying the

properties, or gutting the interiors of their apartments
<http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920
.htm> ," he said. "Landlords used to only lose a month's rent when
evicting a bad tenant. Now it's two to three months at a time per
eviction and tenant."

	He said landlords lose rental money by spending so much

on court costs, filing fees, obtaining a process server
<http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920
.htm>  and attorney fees.

	"The current landlord-tenant laws are old and outdated.

Some haven't been updated in over 20 years," Behar said. "They need to
be updated to deal with the current times and current situations that
property owners
<http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920
.htm>  and landlords deal with on a daily or monthly basis."

	Behar wrote District 86 Congresswoman Maria Sachs to

start the process of changing landlord-tenant laws.

	"It's an interesting summary of what's wrong with the

current status of the law," Sachs said.

	She said Behar is knowledgeable in this area and that

she looks forward to working with him to remedy these issues.

	Behar's plan includes changing the final step of the

writ of possession. He wants issued writs served not just by Palm Beach
County Sheriff's Office deputies but by private process servers
<http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920
.htm> .

	"It could cut the time from two weeks, in some cases, to

two days," Behar said.

	Behar said he met with former congressman Mark Foley and

Rep. Adam Hasner to revise and update the laws. Something must be done
soon, he said, because he can't afford to be tied up in appeals that
should never have reached that stage.

	"Each judge interprets the statutes in different ways.

We, as landlords, are spending thousands of dollars to appeal these
rulings that eventually get overturned," Behar said.

	For further & more Information - Please Cont a ct:

561-637-6275.

	Neil B. Shoter 
	Partner  

	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/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | Website
http://www.shutts.com/

	Please note our new office address above
	 

			 
			
			

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"SHUTTS-LAW.COM" made the following annotations.

IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted
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South Palm Beach County (Delray Beach) Florida - Real Estate & Rental Markets Delray Beach, Florida Resident & Landlord Seeks to Make Changes to Landlord/Tenant Laws <http://www.pr-inside.com/print657920.htm> Print article <http://www.pr-inside.com/mail657920.htm> Refer to a friend Mark J. Behar-Delray Beach, FL - Property Owner/Investor & Landlord. 2008-06-23 09:43:37 - Old & Outdated Landlord/Tenant Laws Exasperate South Florida Landlord with 28 Rentals Mark Behar placed "Free Rent" signs in front of his unoccupied dwellings in Delray Beach and Boynton Beach. But even in these dire economic times, Behar isn't receiving any calls. Of his 28 rentals, only six are occupied. Behar said the landlord-tenant laws he must follow are pro-tenant and have harmed him financially. If changes don't occur in the rental market and landlord-tenant laws, he predicts he'll be out of business <http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920 .htm> . "Everybody thinks with rising gas prices [and] rising grocery prices, rents are also up. Rents are down to where they were in 1997," Behar said. The Delray Beach resident started renting properties in 1996. "Economically, it's a bad time for rentals," Behar said. Tenants not paying rent on time, vandalism and false claims all are part of daily life as a landlord, he said. "I have had problems with tenants destroying the properties, or gutting the interiors of their apartments <http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920 .htm> ," he said. "Landlords used to only lose a month's rent when evicting a bad tenant. Now it's two to three months at a time per eviction and tenant." He said landlords lose rental money by spending so much on court costs, filing fees, obtaining a process server <http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920 .htm> and attorney fees. "The current landlord-tenant laws are old and outdated. Some haven't been updated in over 20 years," Behar said. "They need to be updated to deal with the current times and current situations that property owners <http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920 .htm> and landlords deal with on a daily or monthly basis." Behar wrote District 86 Congresswoman Maria Sachs to start the process of changing landlord-tenant laws. "It's an interesting summary of what's wrong with the current status of the law," Sachs said. She said Behar is knowledgeable in this area and that she looks forward to working with him to remedy these issues. Behar's plan includes changing the final step of the writ of possession. He wants issued writs served not just by Palm Beach County Sheriff's Office deputies but by private process servers <http://www.pr-inside.com/delray-beach-florida-resident-landlord-r657920 .htm> . "It could cut the time from two weeks, in some cases, to two days," Behar said. Behar said he met with former congressman Mark Foley and Rep. Adam Hasner to revise and update the laws. Something must be done soon, he said, because he can't afford to be tied up in appeals that should never have reached that stage. "Each judge interprets the statutes in different ways. We, as landlords, are spending thousands of dollars to appeal these rulings that eventually get overturned," Behar said. For further & more Information - Please Cont a ct: 561-637-6275. Neil B. Shoter Partner ________________________________ 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/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website <http://www.shutts.com/> Please note our new office address above "The information in this electronic mail message is the sender's business confidential and may be legally privileged. It is intended solely for the addressee(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful." "The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent. This message and its attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. The sender's employer is not liable for any loss or damage arising in any way from this message or its attachments."{sar} "SHUTTS-LAW.COM" made the following annotations. ------------------------------------------------------------------------------ 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. ==============================================================================