[RPPTL LandTen] Nontransient Apartment License for Condos

Fri Jul 10 08:57:09 PDT 2015

Maybe I'm over simplifying this, but the statute defines nontransient
apartment as:

(d) Nontransient apartment.—A nontransient apartment is a building or
complex of buildings in which 75 percent or more of the units are available
for rent to nontransient tenants.

Your client does not have a "building" or "complex of buildings" so the
licensing requirement should not apply.

*Sebastian Jaramillo, Esq.*

 66 W. Flagler St Suite 500 Miami, FL 33130
Tel:  (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
This message contains confidential information and is intended only for the
individual named. If you are not the named addressee you should not
disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system. If you are not the intended recipient
you are notified that disclosing, copying, distributing or taking any
action in reliance on the contents of this information is strictly
prohibited.
IMPORTANT TAX NOTICE: This communication is not written to be used, and
cannot be used, by a taxpayer for the purpose of avoiding penalties that
may be asserted against the taxpayer under the Internal Revenue Code of
1986, as amended.

On Fri, Jul 10, 2015 at 11:46 AM, Law Offices of Scott A. Frank P.A <
sfrank at saflaw.com> wrote:

> Just double-checking if anyone has any further insight on the DBPR license
> requirement.  My last resort will be to call the Division, but I am quite
> sure what they will answer if I can’t give them something statutory or
> regulatory as to why the requirement won’t apply.
>
>
>
> 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
>
> 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.*
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org [mailto:
> landten-bounces at lists.flabarrpptl.org] *On Behalf Of *lesstevens
> *Sent:* Thursday, July 9, 2015 6:03 PM
> *To:* 'RPPTL Landlord Tenant Committee'
> *Subject:* Re: [RPPTL LandTen] Nontransient Apartment License for Condos
>
>
>
> Scott, don’t forget that certain City’s also have a Landlord Registration
> requirement (i.e. Coral Springs)
>
>
>
>
>
> Les H. Stevens, Esquire
> Les H. Stevens, P.A.
> 5301 North Federal Highway
> Suite 130
> Boca Raton, Florida 33487
> Tel. - (561) 989-9797
> Fax - (561) 989-8484
> E-Mail - lesstevens at earthlink.net
>
>
>
>
> ________________________________________________________________________________________
>
> *OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING.  ALL
> FUNDS  MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO
> ACH TRANSFERS).  *
>
>
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
> WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
> CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
> THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
> IMMEDIATELY
>
>
>
>
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org
> <landten-bounces at lists.flabarrpptl.org>] *On Behalf Of *Law Offices of
> Scott A. Frank P.A
> *Sent:* Thursday, July 09, 2015 6:01 PM
> *To:* 'RPPTL Landlord Tenant Committee'
> *Subject:* Re: [RPPTL LandTen] Nontransient Apartment License for Condos
>
>
>
> 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
>
>
>
> *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
>
> 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.*
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org
> <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
>
>
>
>
>
>
>
>
> *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
> <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
> the Property Management Professional"Website:  **www.evict.com*
> <http://www.evict.com/>
> * Email: **harry at evict.com* <harry at evict.com>
>
> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
>
>
> *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.
>
>
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org
> <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
>
> 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.*
>
>
>
> _______________________________________________
> 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/20150710/5bec6fd0/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 1153 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150710/5bec6fd0/image001-0001.png>