[RPPTL LandTen] Nontransient Apartment License for Condos

Law Offices of Scott A. Frank P.A sfrank at saflaw.com
Thu Jul 9 15:00:44 PDT 2015


Oops - typo on my part.  The question should read "license" not "lease", per
the subject line.  The lease is the easy part.  The current issue is whether
they need to apply for the nontransient apartment license from the DBPR.

 

Thanks.

 

Scott A. Frank

Attorney at Law

 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, July 9, 2015 5:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Nontransient Apartment License for Condos

 

Regular apartment lease.

 

Harry

 

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From: landten-bounces at lists.flabarrpptl.org
<mailto:landten-bounces at lists.flabarrpptl.org>
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank P.A
Sent: Thursday, July 09, 2015 4:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Nontransient Apartment License for Condos

 

Scratching my head on this one:

 

Client bought app. 100 condos in a 200 unit complex.  Renting them out -
yearly leases.

 

Does the client need the nontransient apartment lease?  My thoughts against
the requirement are as follows:  (i) This is not one property with 100
rental units; it is legally 100 individual properties, each of which is
leased out separately; and (ii) if the DBPR license threshold is that 75% of
the property consists of rentals, then the client actually only rents out
50% of the property.

 

Your thoughts, as well as any statutory or regulatory backing for same, ae
greatly appreciated.

 

Thanks.

 

Scott A. Frank

Attorney at Law

 

LAW OFFICES OF SCOTT A. FRANK, P.A.

5301 N. Federal Highway, Suite 170

Boca Raton, FL 33487

p:  (561) 826-5400

f:  (561) 423-5721 

 <mailto:sfrank at saflaw.com> sfrank at saflaw.com

 

If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

 

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