[RPPTL LandTen] Tenant Issue - Photos

[Kristen Jaiven]

Mike,

Thank you so much for this response. This is most helpful.

-Kristen

Kristen King Jaiven
General Counsel
The Signature Real Estate Companies
901-C Clint Moore Road
Boca Raton, FL 33487
Ph: 561.705.0140
Direct Line: 561-300-6921
Email: Kristen at quadcompanies.com
www.SignatureRealEstateCompanies.com
<http://www.signaturerealestatecompanies.com/>

On Mon, Feb 20, 2017 at 4:40 PM, Mike Davis <mike at mgfdlaw.com> wrote:

> Kristen
>
>
>
> We have addressed this issue on several occasions and advise our single
> family clients that
>
>    1. The lease controls if the “market language” is specific on this
>    point.  Normally, the language is general (“cooperation”, “access”, etc.),
>    so the lease isn’t conclusive.
>    2. In that case, in our opinion the tenant has the stronger legal
>    positon: protection of his privacy, his family and his possessions; the
>    details in interior pictures (family photos, value of furnishings, types of
>    locks or security system, etc.); and the availability of the pictures
>    (anyone looking through MLS?),
>    3. The landlord’s remedy is the 7Cure/7Terminate procedure, which
>    requires the landlord to carry the burden of proof on a lease
>    noncompliance.  Unless the landlord can show that “but for” the new
>    interior pictures showing the tenant’s personal property,. the home would
>    be nearly unmarketable, we believe the judge would find for the tenant.
>    Are there no other pictures of the interior?  Is it possible to take
>    current pictures and photoshop out the tenant’s personal property?  Etc.
>
>
>
> Mike
>
>
>
> Michael Geo. F. Davis
>
> Attorney at Law
>
> The MGFD Law Firm PA
>
> Countryside Colonial Center
>
> 2753 SR 580, Suite 209
>
> Clearwater, FL 33761-3351
>
> P 727-726-1900 <(727)%20726-1900>
>
> F 727-726-7440 <(727)%20726-7440>
>
> mike at mgfdlaw.com
>
> Primary Eservice: eservice at mgfdlaw.com
>
>
>
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> *From:* landten-bounces at lists.flabarrpptl.org [mailto:
> landten-bounces at lists.flabarrpptl.org] *On Behalf Of *Kristen Jaiven
> *Sent:* Monday, February 20, 2017 9:57 AM
> *To:* RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> *Subject:* [RPPTL LandTen] Tenant Issue - Photos
>
>
>
> My company (real estate brokerage) is currently taking a listing for the
> sale of a property occupied by tenants. The tenants do not want photos
> taken of their personal property (furniture, ect.). Has any landlord or
> tenant-specific attorneys been presented with an issue like this? I am
> curious what rights landlords have to take photos and adequately market
> their property.
>
>
>
> Any feedback would be greatly appreciated. Thanks!
>
>
> Kristen King Jaiven
>
> General Counsel
>
> The Signature Real Estate Companies
>
> 901-C Clint Moore Road
>
> Boca Raton, FL 33487
>
> Ph: 561.705.0140 <(561)%20705-0140>
>
> Direct Line: 561-300-6921 <(561)%20300-6921>
>
> Email: Kristen at quadcompanies.com
>
> www.SignatureRealEstateCompanies.com
> <http://www.signaturerealestatecompanies.com/>
>
>
>
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