[RPPTL LandTen] Convenience fees and charges - 11th Circuit

Tue Dec 6 12:15:28 PST 2016

Opinion attached.

Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of pat at hoganlegalservices.com
Sent: Tuesday, December 06, 2016 11:22 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Convenience fees and charges - 11th Circuit

See attached rehearing denial.  AG filed petition for cert with USSC, went to conference September 30, 2016 and no further action.  Can find status on USSC web site.

Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat at HoganLegalServices.com<mailto:Pat at HoganLegalServices.com>
________________________________
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Sebastian Jaramillo <sebastian at lawjb.com<mailto:sebastian at lawjb.com>>
Sent: Tuesday, December 6, 2016 8:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Convenience fees and charges

Do you have the case that the FL AG lost at the 11th Circuit?

Best regards,

Sebastian Jaramillo, Esq.

Florida Board Certified in Real Estate Law

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On Sun, Dec 4, 2016 at 3:41 PM, pat at hoganlegalservices.com<mailto:pat at hoganlegalservices.com> <pat at hoganlegalservices.com<mailto:pat at hoganlegalservices.com>> wrote:

What is the update on a landlord fees/charges/surcharges for credit card use to pay monthly rent?

Are more landlords now passing along a fee?  I understood the FL AG to have lost in 11th Cir, and petitioned for Cert. which was not granted.

Thoughts from the group???

Thank you.

Patrick T. Hogan, Esq.

Hogan Legal Services, P.A.

Pat at HoganLegalServices.com<mailto:Pat at HoganLegalServices.com>

(941)952-5000<tel:%28941%29952-5000>

________________________________
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Harry Heist <harry at evict.com<mailto:harry at evict.com>>
Sent: Tuesday, November 24, 2015 2:36:58 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Convenience fees and charges

Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies.

I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee.

The statute at issue is FS 501.0117

Brian Wolk has stated that this is in the Federal Courts.

Does anyone have any guidance?

Harry

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