[RPPTL LandTen] FW: Security Deposit issue
Neil B. Shoter
NShoter at shutts.com
Mon Dec 29 06:44:43 PST 2008
If anyone has any comments on the string below, please let me know asap.
I received this email relative to a change in law being requested by the
Florida Association of Homes and Services for the Aging to allow the
tenant while alive to designate someone to get the personal belongings
in the event of the tenant 's incapacitation or death.
Any comments?
Neil B. Shoter
Partner
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________________________________
From: Mary Ellen Early [mailto:meearly at earthlink.net]
Sent: Sunday, December 28, 2008 10:25 PM
To: harry at evict.com; 'Jeff Rogo'
Cc: 'Janegale Boyd'; Neil B. Shoter; 'Carol A. Berkowitz'
Subject: RE: Security Deposit issue
Thank you Harry! Since I am not a lawyer, I am not familiar
with this area of law. Therefore, I cannot draft the language. I am not
working this week, but I will check my e-mail for ideas from you all. I
want to use the bill slot that is being saved for us so I am working on
another unrelated idea as well. We do not have a senate sponsor yet,
but I am sure we can put our heads together and find one if this works
out.
How about this concept as a starter? -- 83.59 (3)(d) A landlord
may obtain a signed statement from a tenant when the lease is signed or
any time thereafter that identifies the tenant's personal representative
or another person to contact to remove and provide safe keeping for the
tenant's personal property in the event of the tenant's death or
incapacity due to an illness that results in the termination of the
lease. The person identified in the statement may remove the tenant's
personal property and provide for safe keeping thereof in accordance
with the tenant's will or written or oral wishes.
Mary Ellen
Mary Ellen K. Early
Senior Vice President of Public Policy
Florida Association of Homes and Services for the Aging
2303 Pin Oak Dr.
DeLand, Florida 32720
386/738-0503 (Deland)
850/671-3700 (Tallahassee)
meearly at earthlink.net
________________________________
From: harry at evict.com [mailto:harry at evict.com]
Sent: Sunday, December 28, 2008 6:24 PM
To: 'Mary Ellen Early'; 'Jeff Rogo'
Subject: RE: Security Deposit issue
Dear Mary Ellen,
Anything that helps us get possession of a unit as soon as
possible after death is appealing to our industry.
The problem is that you cannot accomplish something in a
document prior to death regarding personal property as this is part of
the estate and there may be no estate opened up. In other words, you
cannot bypass the probate or estate process. If the Bar does not mind, I
am all for it.
As for incapacity, I see no problems.
I copied Jeff and let's run it by the Bar. I belong to the Real
Property and Trust Law section of the Bar.
We need to explain the problem we all face, come up with the
wording and have their blessing.
Jeff, possibly we need to make this a priority this week. It
will help our industry.
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 at evict.com
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From: Mary Ellen Early [mailto:meearly at earthlink.net]
Sent: Saturday, December 27, 2008 12:13 PM
To: harry at evict.com
Subject: RE: Security Deposit issue
Dear Harry,
A house member saved us a bill slot. If we want to use it, we
must have bill language to her by 1/2/09. Do you have any language to
address this issue that will not upset the probate section of the bar?
Could we add a couple of sentences to current law that says, In
conjunction with signing a lease or any time thereafter, a tenant may
provide the landlord with the name and contact information for a person
responsible for removing and providing safekeeping for the tenant'
personal possessions in the event of the death of the tenant or
incapacity due to an illness that results in the termination of the
lease. The landlord may release the tenant's personal possessions to the
designated person.
Please let me know by this Monday if you are interested in
pursuing a change in the law and if this language will work. We do not
have a senate sponsor and we would need the support of the Apartment
Association and the Probate section of the Florida Bar to make this
work.
Thanks,
Mary Ellen
Mary Ellen K. Early
Senior Vice President of Public Policy
Florida Association of Homes and Services for the Aging
2303 Pin Oak Dr.
DeLand, Florida 32720
386/738-0503 (Deland)
850/671-3700 (Tallahassee)
meearly at earthlink.net
________________________________
From: harry at evict.com [mailto:harry at evict.com]
Sent: Tuesday, October 07, 2008 5:23 PM
To: 'Mary Ellen Early'; 'Jeff Rogo'
Cc: 'Gail Matillo'; 'Colleen Bloom'
Subject: RE: Security Deposit issue
Dear Ms. Early.
We had the same concerns. At the time I believe the amendment
was proposed, we did not oppose the amendment because we wanted to get
the bill passed. We were told that you were able to get possession in 15
days if federally funded. I disagreed with that as it conflicts with
probate law but we just let it slide.
I copied Jeff Rogo and possibly we can address it.
We all have the same concerns with getting back possession
without having to go through the time-consuming and expensive probate
procedure. Maybe we can clean it up next year. I am a member of the
Real Property and Probate Section of the Bar and on the Landlord/Tenant
Law Committee this year.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & LUCREZI, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry at evict.com
From: Mary Ellen Early [mailto:meearly at earthlink.net]
Sent: Tuesday, October 07, 2008 11:55 AM
To: harry at evict.com
Cc: 'Gail Matillo'; 'Colleen Bloom'
Subject: RE: Security Deposit issue
Importance: High
Dear Harry,
I looked up the section of law Jeff Rogo referenced -- 83.59
(3)(d). I do not have his e-mail address to respond so please forward
this e-mail to him.
We had concerns about 83.59 (3)(d) when it was amended in 2007.
A sentence was added for us to exempt HUD financed communities from the
subsection because we were not sure the change would help. Most of our
affordable housing members are governed by federal law. We are
researching the process that they must follow when a resident dies and
leaves possessions in the apartment. We know they have 14 days to get
the unit ready for the next tenant. We don't know if they can obtain
information on the next of kin at the time of move-in and also get
written verification from the tenant that they want their property
released to that person should they die.
How would you propose changing the law? How about authorizing
the landlord to obtain a signed statement from the tenant with
instructions on who to call and what to do with personal possessions in
the event of death? Can they do that now or do they have to wait for
probate? I am not an attorney so I don't know what the legal issues
would be related to a will that identifies other heirs. When the law
talks about a personal representative, I am assuming it means a personal
representative named in the will. Do you know? Your association is
more familiar because of the research that went into the 2007 law
changes.
We are interested in the issue and would like to work with your
association, but we need to do more research ourselves on federal law
governing our HUD housing members.
Thanks,
Mary Ellen
Mary Ellen K. Early
Senior Vice President of Public Policy
Florida Association of Homes and Services for the Aging
2303 Pin Oak Dr.
DeLand, Florida 32720
386/738-0503 (Deland)
850/671-3700 (Tallahassee)
meearly at earthlink.net
________________________________
________________________________
________________________________
From: harry at evict.com [mailto:harry at evict.com]
Sent: Sunday, October 05, 2008 7:23 PM
To: Gail Matillo; 'Jeff Rogo'; 'Kelly Mallette'
Subject: Security Deposit issue
Dear Gail,
This was forwarded to me by Jeff Rogo, Governmental Affairs
Director for the Florida Apartment Association.
Since you mentioned legislation, one issue that I deal with
especially with seniors is the death of the senior in the apartment.
While we can now wait 60 days and dispose of any abandoned personal
property due to the law change 2 years ago, we cannot ever let relatives
into the unit after a death unless a probate estate is opened and a
personal representative appointed. Unless the senior is wealthy, no
estate is ever opened and it really causes a problem. I would love to
see some legislation that would allow a senior tenant or any tenant for
that matter to designate in the lease or on a separate document, a
person who could enter a unit after death and at the same time not have
the landlord liable for what the relative may do to the personal
belongings. It is a heart wrenching time when a relative flies in from
New Jersey only to be denied access by the landlord. Often all they want
is to get some sentimental personal belongings or find a will. Maybe we
can all think about something like this and work together.
Have a wonderful week,
Harry Heist
General Counsel to FAA
From: Gail Matillo [mailto:gmatillo at fahsa.org]
Sent: Friday, September 26, 2008 5:03 PM
To: Kelly Mallette
Subject: 2009 Legislative session
Dear Kelly:
Are you planning to file any substantial bills in 2009?
Does any of the members of the Apartment Association ever have
problems with refunding interest from security deposits?
We are working on our public policy agendas and I wanted to
report if you were planning any bills, etc. for 2009.
Thank you,
Gail
Gail G. Matillo
Director of Housing and Program Development
Florida Association of Homes and Services for the Aging (FAHSA)
1812 Riggins Road
Tallahassee, FL 32308
(850) 671-3700 Fax: (850) 671-3790
Direct: (850) 702-0308
Cell: (850) 294-3415
http://www.fahsa.org
LAW OFFICES OF
HEIST, WEISSE & LUCREZI, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry at evict.com
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