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MF

Manuel Farach

Wed, Feb 15, 2012 4:20 PM

I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued.
My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises?
Thanks
Manny

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued. My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises? Thanks Manny ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________

CS

Cary Sabol

Wed, Feb 15, 2012 4:35 PM

In my humble opinion, you would need both a meeting of the minds (i.e. an agreement to lease - even if it's verbal) and consideration (i.e. the first payment). Otherwise the "tenancy" would not yet have been created. However, in reference to a number of our prior discussions, you should be careful to make the argument that no tenancy has been created because then you might have to proceed under the unlawful detainer statute, which we all agree can get messy and time consuming. The consensus seems to be that Chapter 83 actions move much more smoothly through the court system.

If the occupant moved in without paying even the first payment, I would still proceed under a Ch. 83 action for non-payment and would simultaneously serve a Notice of Termination of Month-to-Month Tenancy, just in case the occupant decided to pay and your client wants them out regardless of payment. Hope that helps.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

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.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Manuel Farach MFarach@richmangreer.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Wednesday, February 15, 2012 11:20 AM
Subject: [RPPTL LandTen] When Is Residential Tenancy Created?

I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued.
My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises?
Thanks
Manny

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com
To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors
or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

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

In my humble opinion, you would need both a meeting of the minds (i.e. an agreement to lease - even if it's verbal) and consideration (i.e. the first payment). Otherwise the "tenancy" would not yet have been created. However, in reference to a number of our prior discussions, you should be careful to make the argument that no tenancy has been created because then you might have to proceed under the unlawful detainer statute, which we all agree can get messy and time consuming. The consensus seems to be that Chapter 83 actions move much more smoothly through the court system. If the occupant moved in without paying even the first payment, I would still proceed under a Ch. 83 action for non-payment and would simultaneously serve a Notice of Termination of Month-to-Month Tenancy, just in case the occupant decided to pay and your client wants them out regardless of payment. Hope that helps. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 ________________________________ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ________________________________ From: Manuel Farach <MFarach@richmangreer.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Wednesday, February 15, 2012 11:20 AM Subject: [RPPTL LandTen] When Is Residential Tenancy Created? I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued. My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises? Thanks Manny ________________________________ Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

MF

Manuel Farach

Wed, Feb 15, 2012 4:50 PM

Good points, Cary
Thanks

Sent from my iPhone

On Feb 15, 2012, at 11:39 AM, "Cary Sabol" <sabollawoffice@yahoo.com mailto:sabollawoffice@yahoo.com> wrote:

In my humble opinion, you would need both a meeting of the minds (i.e. an agreement to lease - even if it's verbal) and consideration (i.e. the first payment). Otherwise the "tenancy" would not yet have been created. However, in reference to a number of our prior discussions, you should be careful to make the argument that no tenancy has been created because then you might have to proceed under the unlawful detainer statute, which we all agree can get messy and time consuming. The consensus seems to be that Chapter 83 actions move much more smoothly through the court system.

If the occupant moved in without paying even the first payment, I would still proceed under a Ch. 83 action for non-payment and would simultaneously serve a Notice of Termination of Month-to-Month Tenancy, just in case the occupant decided to pay and your client wants them out regardless of payment. Hope that helps.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Manuel Farach <MFarach@richmangreer.com mailto:MFarach@richmangreer.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Sent: Wednesday, February 15, 2012 11:20 AM
Subject: [RPPTL LandTen] When Is Residential Tenancy Created?

I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued.
My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises?
Thanks
Manny
[http://www.richmangreer.com/emailsig/logo.gif]
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com mailto:MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com
[http://www.richmangreer.com/emailsig/meritas.gif]
To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com mailto:MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for sabollawoffice@yahoo.com, landten@lists.flabarrpptl.org, landten@lists.flabarrpptl.org. If you are not
sabollawoffice@yahoo.com, landten@lists.flabarrpptl.org, landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

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

Good points, Cary Thanks Sent from my iPhone On Feb 15, 2012, at 11:39 AM, "Cary Sabol" <sabollawoffice@yahoo.com<mailto:sabollawoffice@yahoo.com>> wrote: In my humble opinion, you would need both a meeting of the minds (i.e. an agreement to lease - even if it's verbal) and consideration (i.e. the first payment). Otherwise the "tenancy" would not yet have been created. However, in reference to a number of our prior discussions, you should be careful to make the argument that no tenancy has been created because then you might have to proceed under the unlawful detainer statute, which we all agree can get messy and time consuming. The consensus seems to be that Chapter 83 actions move much more smoothly through the court system. If the occupant moved in without paying even the first payment, I would still proceed under a Ch. 83 action for non-payment and would simultaneously serve a Notice of Termination of Month-to-Month Tenancy, just in case the occupant decided to pay and your client wants them out regardless of payment. Hope that helps. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. From: Manuel Farach <MFarach@richmangreer.com<mailto:MFarach@richmangreer.com>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Sent: Wednesday, February 15, 2012 11:20 AM Subject: [RPPTL LandTen] When Is Residential Tenancy Created? I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued. My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises? Thanks Manny [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>. If you are not landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com<mailto:MFarach@richmangreer.com>) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for sabollawoffice@yahoo.com, landten@lists.flabarrpptl.org, landten@lists.flabarrpptl.org. If you are not sabollawoffice@yahoo.com, landten@lists.flabarrpptl.org, landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

AM

Alberto M. Cardet

Wed, Feb 15, 2012 5:21 PM

How did the tenant gain entry. I understand owner was out of the Country. Did tenant gain access via locksmith, realtor, property manager. Aside from payment on the tenant’s side was there some sort of delivery of the premises by the owner to the alleged tenant.

Alberto M. Cardet, P.A.

1330 Coral Way #301

Miami FL 33145

305-403-7783

305-403-7824 (fax)

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Wednesday, February 15, 2012 11:50 AM
To: Cary Sabol; RPPTL Landlord TenantCommittee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] When Is Residential Tenancy Created?

Good points, Cary

Thanks

Sent from my iPhone

On Feb 15, 2012, at 11:39 AM, "Cary Sabol" sabollawoffice@yahoo.com wrote:

In my humble opinion, you would need both a meeting of the minds (i.e. an agreement to lease - even if it's verbal) and consideration (i.e. the first payment). Otherwise the "tenancy" would not yet have been created. However, in reference to a number of our prior discussions, you should be careful to make the argument that no tenancy has been created because then you might have to proceed under the unlawful detainer statute, which we all agree can get messy and time consuming. The consensus seems to be that Chapter 83 actions move much more smoothly through the court system.

If the occupant moved in without paying even the first payment, I would still proceed under a Ch. 83 action for non-payment and would simultaneously serve a Notice of Termination of Month-to-Month Tenancy, just in case the occupant decided to pay and your client wants them out regardless of payment. Hope that helps.

Cary

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Phone: (561) 281-2744

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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Manuel Farach MFarach@richmangreer.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Wednesday, February 15, 2012 11:20 AM
Subject: [RPPTL LandTen] When Is Residential Tenancy Created?

I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued.

My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises?

Thanks

Manny

http://www.richmangreer.com/emailsig/logo.gif

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com

http://www.richmangreer.com/emailsig/meritas.gif

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

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How did the tenant gain entry. I understand owner was out of the Country. Did tenant gain access via locksmith, realtor, property manager. Aside from payment on the tenant’s side was there some sort of delivery of the premises by the owner to the alleged tenant. Alberto M. Cardet, P.A. 1330 Coral Way #301 Miami FL 33145 305-403-7783 305-403-7824 (fax) From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Wednesday, February 15, 2012 11:50 AM To: Cary Sabol; RPPTL Landlord TenantCommittee Cc: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] When Is Residential Tenancy Created? Good points, Cary Thanks Sent from my iPhone On Feb 15, 2012, at 11:39 AM, "Cary Sabol" <sabollawoffice@yahoo.com> wrote: In my humble opinion, you would need both a meeting of the minds (i.e. an agreement to lease - even if it's verbal) and consideration (i.e. the first payment). Otherwise the "tenancy" would not yet have been created. However, in reference to a number of our prior discussions, you should be careful to make the argument that no tenancy has been created because then you might have to proceed under the unlawful detainer statute, which we all agree can get messy and time consuming. The consensus seems to be that Chapter 83 actions move much more smoothly through the court system. If the occupant moved in without paying even the first payment, I would still proceed under a Ch. 83 action for non-payment and would simultaneously serve a Notice of Termination of Month-to-Month Tenancy, just in case the occupant decided to pay and your client wants them out regardless of payment. Hope that helps. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. From: Manuel Farach <MFarach@richmangreer.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Wednesday, February 15, 2012 11:20 AM Subject: [RPPTL LandTen] When Is Residential Tenancy Created? I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued. My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises? Thanks Manny <http://www.richmangreer.com/emailsig/logo.gif> Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com <http://www.richmangreer.com/emailsig/meritas.gif> To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. _____ <http://www.richmangreer.com/emailsig/logo.gif> Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com <http://www.richmangreer.com/emailsig/meritas.gif> To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for sabollawoffice@yahoo.com, landten@lists.flabarrpptl.org, landten@lists.flabarrpptl.org. If you are not sabollawoffice@yahoo.com, landten@lists.flabarrpptl.org, landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. _____ _______________________________________________ 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

MF

Manuel Farach

Wed, Feb 15, 2012 6:38 PM

Gained access through owner's son by misrepresenting he was entitled to move in

Sent from my iPhone

On Feb 15, 2012, at 12:27 PM, "Alberto M. Cardet" <alcardet@gmail.com mailto:alcardet@gmail.com> wrote:

How did the tenant gain entry. I understand owner was out of the Country. Did tenant gain access via locksmith, realtor, property manager. Aside from payment on the tenant’s side was there some sort of delivery of the premises by the owner to the alleged tenant.

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Wednesday, February 15, 2012 11:50 AM
To: Cary Sabol; RPPTL Landlord TenantCommittee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] When Is Residential Tenancy Created?

Good points, Cary
Thanks

Sent from my iPhone

On Feb 15, 2012, at 11:39 AM, "Cary Sabol" <sabollawoffice@yahoo.com mailto:sabollawoffice@yahoo.com> wrote:
In my humble opinion, you would need both a meeting of the minds (i.e. an agreement to lease - even if it's verbal) and consideration (i.e. the first payment). Otherwise the "tenancy" would not yet have been created. However, in reference to a number of our prior discussions, you should be careful to make the argument that no tenancy has been created because then you might have to proceed under the unlawful detainer statute, which we all agree can get messy and time consuming. The consensus seems to be that Chapter 83 actions move much more smoothly through the court system.

If the occupant moved in without paying even the first payment, I would still proceed under a Ch. 83 action for non-payment and would simultaneously serve a Notice of Termination of Month-to-Month Tenancy, just in case the occupant decided to pay and your client wants them out regardless of payment. Hope that helps.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Manuel Farach <MFarach@richmangreer.com mailto:MFarach@richmangreer.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Sent: Wednesday, February 15, 2012 11:20 AM
Subject: [RPPTL LandTen] When Is Residential Tenancy Created?

I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued.
My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises?
Thanks
Manny
[http://www.richmangreer.com/emailsig/logo.gif]
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com mailto:MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com
[http://www.richmangreer.com/emailsig/meritas.gif]
To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com mailto:MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com mailto:MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
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This message contains confidential information and is intended for sabollawoffice@yahoo.com mailto:sabollawoffice@yahoo.com, landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org, landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org. If you are not
sabollawoffice@yahoo.com mailto:sabollawoffice@yahoo.com, landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org, landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
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Gained access through owner's son by misrepresenting he was entitled to move in Sent from my iPhone On Feb 15, 2012, at 12:27 PM, "Alberto M. Cardet" <alcardet@gmail.com<mailto:alcardet@gmail.com>> wrote: How did the tenant gain entry. I understand owner was out of the Country. Did tenant gain access via locksmith, realtor, property manager. Aside from payment on the tenant’s side was there some sort of delivery of the premises by the owner to the alleged tenant. Alberto M. Cardet, P.A. 1330 Coral Way #301 Miami FL 33145 305-403-7783 305-403-7824 (fax) ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Wednesday, February 15, 2012 11:50 AM To: Cary Sabol; RPPTL Landlord TenantCommittee Cc: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] When Is Residential Tenancy Created? Good points, Cary Thanks Sent from my iPhone On Feb 15, 2012, at 11:39 AM, "Cary Sabol" <sabollawoffice@yahoo.com<mailto:sabollawoffice@yahoo.com>> wrote: In my humble opinion, you would need both a meeting of the minds (i.e. an agreement to lease - even if it's verbal) and consideration (i.e. the first payment). Otherwise the "tenancy" would not yet have been created. However, in reference to a number of our prior discussions, you should be careful to make the argument that no tenancy has been created because then you might have to proceed under the unlawful detainer statute, which we all agree can get messy and time consuming. The consensus seems to be that Chapter 83 actions move much more smoothly through the court system. If the occupant moved in without paying even the first payment, I would still proceed under a Ch. 83 action for non-payment and would simultaneously serve a Notice of Termination of Month-to-Month Tenancy, just in case the occupant decided to pay and your client wants them out regardless of payment. Hope that helps. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. From: Manuel Farach <MFarach@richmangreer.com<mailto:MFarach@richmangreer.com>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Sent: Wednesday, February 15, 2012 11:20 AM Subject: [RPPTL LandTen] When Is Residential Tenancy Created? I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued. My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises? Thanks Manny [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>. If you are not landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com<mailto:MFarach@richmangreer.com>) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for sabollawoffice@yahoo.com<mailto:sabollawoffice@yahoo.com>, landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>, landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>. If you are not sabollawoffice@yahoo.com<mailto:sabollawoffice@yahoo.com>, landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>, landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com<mailto:MFarach@richmangreer.com>) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten