[RPPTL LandTen] Massive fire

[Cary Sabol]

I always advise going through the legal process and to obtain an Judgment for Possession no matter what the circumstances, just to avoid anyone claiming the L/L illegally took back possession.  Unfortunately we live in a very litigious world, so you always have to cover all bases.  I'm sure that is somewhat of an absurdity and is probably unnecessary in your example, but if the tenants will not sign a voluntary relinquishment of possession, I would advise to go ahead with an eviction case.

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. 


On Thursday, June 5, 2014 1:08 PM, Harry Heist <harry at evict.com> wrote:
  


So, 5 apartments burn to a crisp.
 
Tenants gave back possession of 3 of the apartments. 
 
2 apartments are holdouts.  They will not give up possession. They are completely uninhabitable. The tenants do not live there, don’t want to and can’t. One does not even have a roof, other is ready to cave in.
 
Lease has typical clause regarding ability to terminate in such a situation so I prepared and LL served a 7 Day Terminate.
 
Eviction filing needed on the 2 or can we legally bypass?
 
This place is fried and has to be demolished.
 
Ideas? Opinions?
 
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:  www.evict.com
Email: harry at evict.com
 
Visit us on Facebook    
  
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.
 
 
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20140605/9c6b8fb7/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1382 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20140605/9c6b8fb7/image002-0001.png>