[RPPTL LandTen] [RPPTL LandTenCL] Timing for Notice of Intention to Impose Claim
Leonard Cabral
LensLaw at Lenslaw.com
Thu Oct 10 11:05:48 PDT 2019
I believe the tenant has 15 days after “receipt” of the landlord’s claim to object.
Sent by Leonard P Cabral
On Oct 10, 2019, at 12:35 PM, Kristopher Fernandez <kfernandez at kfernandezlaw.com<mailto:kfernandez at kfernandezlaw.com>> wrote:
Perhaps analogize it to the notice requirement of a Fannie Mae/Freddie Mac Mortgage (see paragraph 15 of the attached) which states that notices are “given” when sent by first class mail. I acknowledge that this is somewhat different, since it states “given” means sent, whereas the LL/T statute does not contain such language.
Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
From: landtencl-bounces at lists.flabarrpptl.org<mailto:landtencl-bounces at lists.flabarrpptl.org> <landtencl-bounces at lists.flabarrpptl.org<mailto:landtencl-bounces at lists.flabarrpptl.org>> On Behalf Of Jordan M Brill
Sent: Thursday, October 10, 2019 12:04 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>; 'RPPTL Landlord Tennant Committee' <landtencl at lists.flabarrpptl.org<mailto:landtencl at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTenCL] [RPPTL LandTen] Timing for Notice of Intention to Impose Claim
These types of argument involving delivery/receipt/sent etc. are often raised in association foreclosures based on the poor wording of those statutes. Poor wording leads to the ability to interpret by judge or jury. Need to decide whether you want to allow interpretation or settle. Maybe don’t settle and create law so we can have some certainty!
Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan at glachmanbrill.com<mailto:jordan at glachmanbrill.com>
www.glachmanbrill.com<https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=http://www.glachmanbrill.com/>
The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan at glachmanbrill.com<mailto:jordan at glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Thursday, October 10, 2019 11:51 AM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>; 'RPPTL Landlord Tennant Committee' <landtencl at lists.flabarrpptl.org<mailto:landtencl at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] [RPPTL LandTenCL] Timing for Notice of Intention to Impose Claim
So if they sent it out and it took 5 days to receive, they did not “get” the notice within 30 days? Suppose the tenant had the mail forwarded and it took 10 days to “get”?
The attorney’s position seems absurd but the law does say “give” not “send”.
I can’t find one case probably because it seems so obvious.
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<https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
<image001.png><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> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gregory R. Haney
Sent: Thursday, October 10, 2019 11:38 AM
To: RPPTL Landlord Tenant Committee; RPPTL Landlord Tennant Committee
Subject: Re: [RPPTL LandTen] [RPPTL LandTenCL] Timing for Notice of Intention to Impose Claim
I don’t really practice in the residential realm, so I don’t have similar war stories, but I disagree that it is an unreasonable position to interpret give as “deliver” instead of “send”. If they didn’t receive it, how did you “give” it to them?
That said, refusal to claim the certified letter should not count as failure to “give” in any instance, but have fun wording that.
Bottom line is that “give” is a horribly ambiguous word to use in this instance and it should be fixed to be clear one way or the other.
<image002.png><https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=https://www.trenam.com/>
GREGORY R. HANEY | ATTORNEY
Florida Bar Board Certified Specialist in Real Estate Law
Dir: 727-820-3958 | Fax: 727-502-3409 | email<mailto:GHaney at trenam.com> | vcard<https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=http://www.trenam.com/vcards/Gregory%20R.%20Haney.vcf> | bio<https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=https://www.trenam.com/people-list/gregory-scott-r-haney/>
<image003.png><http://www.linkedin.com/company/trenam-kemker><image004.png><https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=https://twitter.com/TrenamLaw><image005.png><https://www.facebook.com/trenamlaw>
101 East Kennedy Boulevard, Suite 2700, Tampa, FL 33602
200 Central Avenue, Suite 1600, St. Petersburg, FL 33701
Main: 813-223-7474 (Tampa) or 727-896-7171 (St. Pete) | www.trenam.com<https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=http://www.trenam.com>
Confidentiality Notice: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail, or by telephone at the direct dial number above and destroy the original transmission and its attachments without reading or saving in any manner. Thank you.
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 Cary P. Sabol, Esq.
Sent: Thursday, October 10, 2019 11:26 AM
To: RPPTL Landlord Tennant Committee <landtencl at lists.flabarrpptl.org<mailto:landtencl at lists.flabarrpptl.org>>; 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] [RPPTL LandTenCL] Timing for Notice of Intention to Impose Claim
Unfortunately, you often cannot reason with an unreasonable person. I've been in that position many times, I just tell them "if you are so sure, then file a lawsuit and let's see how it turns out." But that's just me, I have little patience for foolishness.
Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.
** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.
THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
<image006.jpg>
<image007.png>
_________________________________________________________________________________________________________________
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.
-------- Original Message --------
Subject: Re: [RPPTL LandTenCL] [RPPTL LandTen] Timing for Notice of
Intention to Impose Claim
From: "Harry Heist" <harry at evict.com<mailto:harry at evict.com>>
Date: Thu, October 10, 2019 11:00 am
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Cc: landtenCL at lists.flabarrpptl.org<mailto:landtenCL at lists.flabarrpptl.org>
He is hanging in the word “GIVE”. The statute does not say “send”
(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim.
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<https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
<image001.png><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> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary P. Sabol, Esq.
Sent: Thursday, October 10, 2019 10:28 AM
To: RPPTL Landlord Tenant Committee
Cc: landtenCL at lists.flabarrpptl.org<mailto:landtenCL at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Timing for Notice of Intention to Impose Claim
Tell him to read the Statute, there's no mention of any requirement of receipt, only that it be sent.
Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.
** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.
THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
<image006.jpg>
<image007.png>
_________________________________________________________________________________________________________________
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.
-------- Original Message --------
Subject: [RPPTL LandTen] Timing for Notice of Intention to Impose Claim
From: "Harry Heist" <harry at evict.com<mailto:harry at evict.com>>
Date: Thu, October 10, 2019 9:38 am
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Cc: landtenCL at lists.flabarrpptl.org<mailto:landtenCL at lists.flabarrpptl.org>
I am dealing with a non landlord/tenant law attorney who is hell bent on saying that the tenant must RECEIVE the Notice of Intention to Impose Claim on Security Deposit within 30 days.
Our position is that it must be MAILED by certified mail within the 30 days.
Anyone have any cases on this? It is something so obvious but I don’t know of any cases.
He is being relentless on this. This is the first time in 30 years I have an attorney taking this position and he is not backing down.
Thanks!
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<https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
<image001.png><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.
________________________________
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten<https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=http://mailman.fsr.com/mailman/listinfo/landten>
________________________________
_______________________________________________
LandTenCL mailing list
LandTenCL at lists.flabarrpptl.org<mailto:LandTenCL at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landtencl<https://r.xdref.com/?id=x9AG6ch4032623&from=landtencl-bounces@lists.flabarrpptl.org&to=kfernandez@kfernandezlaw.com&url=http://mailman.fsr.com/mailman/listinfo/landtencl>
ExchangeDefender Message Security: Check Authenticity<http://www.exchangedefender.com/verify.asp?id=x9AGRsqV006741&from=kfernandez@kfernandezlaw.com>
<SKM_C45819101013160.pdf>
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto: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/20191010/0b924080/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 1153 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20191010/0b924080/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5498 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20191010/0b924080/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 928 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20191010/0b924080/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 907 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20191010/0b924080/image004-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 748 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20191010/0b924080/image005-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 10807 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20191010/0b924080/image006-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 16239 bytes
Desc: image007.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20191010/0b924080/image007-0001.png>
More information about the landten
mailing list