[RPPTL LandTen] Tenant death issue

Sat Apr 21 09:00:55 PDT 2012

I was under the impression that the Durable Power of Attorney ceased to have any relevance upon the tenant's death.

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Saturday, April 21, 2012 11:51 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Tenant death issue

Harry

What if it were a properly executed and acknowledged durable Power of Attorney under the new law? I think the landlord is safe in that situation, but otherwise, you are probably right

Manny

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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 at richmangreer.com
www.RichmanGreer.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Saturday, April 21, 2012 11:42 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Tenant death issue

Recently an attorney in Brandon  published an article  regarding the Death of a Tenant in a trade magazine stating the following:

" Several apartment communities utilize a form that designates a third party to take custody of the tenant’s property in the event of the tenant’s death. Assuming that such document is properly written, we believe it is proper to let the designated person take possession of the deceased tenant's property and remove it from the apartment. Of course, the designated person’s custody of the deceased tenant’s property would be subject to probate and other laws; nonetheless, the duty to comply with such laws is effectively moved from the landlord to the deceased tenant’s designated person through the use of such a form"

We feel this is incorrect and would welcome any thoughts.

Harry Heist

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at 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.

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