[RPPTL LandTen] Landlord Tenant Call re COVID-19

Deborah Marks deborahmarkslaw at gmail.com
Mon Mar 23 19:54:53 PDT 2020


Registered? Where do we do that?

Deborah Marks

Sent from my iPhone

> On Mar 23, 2020, at 10:50 PM, Brenda Ezell <brenda at ezellfirmpa.com> wrote:
> 
> 
> Thank you! Hopefully tomorrow there will be an additional couple of volunteers to participate in a discussion on these or other topics of interest.
>  
>  
>  
> From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Mike Davis
> Sent: Monday, March 23, 2020 9:39 PM
> To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] Landlord Tenant Call re COVID-19
>  
> Brenda
> I registered and apologize that I didn’t send in any agenda items.  I realize now that an agenda is needed for an orderly discussion.  I think we need the call as the landlord attys are all facing the same issues.  And input from the tenant attys could lead to workable solutions to the huge case log jam that is sure to follow.
>  
> 1.  Evictions and the ramifications of clerk and court closures.  The Listserve discussion would be a good way to see if its attys generally agree on common issues: days when clerk’s office closed or closed to public will be “legal holidays” for nonpayment notices? For the five-day answer/deposit period? For serving nonpayment notice?  For serving the summons?
>  
> 2.  County by county tracking.  For instance, I know both Heist, Weisse & Wolk as well as my Firm have county by county tracking on our websites.  I’m sure other Firms must also be doing this on their websites or by emails to their clients.  This discussion would be a good way to see how we attys are getting the info and any centralized locations of information, like the FL Supreme Ct website.
>  
> 3.  Landlord moratoriums on evictions and/or writs.  Clients appear to be opting to either wait till Clerk’s office re-opens/re-opens to public and serve new nonpayment notices; or proceed to file eviction with valid March notices.  In the later cases, any issues with judges proceeding with defaults on a two or maybe three month old nonpayment notice?  
>  
> Mike Davis
> The MGFD Law Firm PA
>  
> Sent from my iPhone
> 
> 
> On Mar 23, 2020, at 7:47 PM, Brenda Ezell <brenda at ezellfirmpa.com> wrote:
> 
> 
> Good afternoon. 
>  
> Due to a lack of response, it appears that there will not be a call to discuss any residential leasing issues surrounding COVID-19, but given the number of emails, I’m not sure we shouldn’t have a call so I’m sending this as a last call for volunteers who might want to discuss some ideas/remedies that can be considered to assist your clients. For example, as a tenant attorney you might want to hear from a landlord’s attorney what recommendations they are making on rent abatement, if anyone has received guidance from HUD on last week’s press release, who is tracking the actions by county, etc.
>  
> I primarily handle commercial leases, but am willing to participate in this call if there is any interest.
>  
> FYI - there will be a commercial conference call discussing remedies, insurance, among other things and that agenda will be sent out tomorrow, however this discussion will generally not be applicable to residential tenancies.
>  
> Let me know by 2pm tomorrow if you have anything to add to this discussion so that we can create an agenda to send out to the listserv.  Thanks.
>  
> Thanks.
>  
> Brenda
>  
> Best regards,
>  
> Brenda B. Ezell, B.C.S.
> <image002.jpg>
>  
> <image003.png>
> 3560 Cardinal Point Drive, Suite 202
> Jacksonville, FL 32257
> 904.432.3200 (o)
> 904-432-3201 (f)
> www.ezellfirmpa.com
>  
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> From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi, Esq.
> Sent: Monday, March 23, 2020 4:39 PM
> To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] Evictions
>  
> Did the court enter final judgment?
>  
> Daniel S. Carusi, Esq.
> Daniel S. Carusi, P.A.
> 517 SW 1 Avenue
> Ft. Lauderdale, FL 33301
> 954.527.0101
> 954.524.4169 F
>  
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> From: landten-bounces at lists.flabarrpptl.org [landten-bounces at lists.flabarrpptl.org] on behalf of Jordan M Brill [jordan at glachmanbrill.com]
> Sent: Monday, March 23, 2020 4:33 PM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] Evictions
> 
> FYI, we got an order today in Palm Beach county on a motion for final judgment which states the court is not issuing writs of possession at this time due to the Corona virus.
> 
> *sent via mobile phone
> 
> Jordan Marcus Brill, Esq.
> 6421 Congress Ave., Suite 120
> Boca Raton, FL 33487
> (561)859-0679
> jordan at glachmanbrill.com
> www.glachmanbrill.com
> 
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>  
> On Mar 19, 2020 6:28 PM, Harry Heist <harry at evict.com> wrote:
> Please see this.
>  
> Can anyone confirm that this applies to evictions of TENANTS or does it apply to the evictions of the OWNERS when the Writ Of Possession is granted at the end of the foreclosure process?
>  
> Is anyone else here baffled like me or am I just missing it all??   https://www.hud.gov/sites/dfiles/OCHCO/documents/20-04hsgml.pdf  
>  
> 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 
> Email: harry at evict.com
> <image004.png>
> 
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> 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.
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> From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Deborah Marks
> Sent: Wednesday, March 18, 2020 8:22 PM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] Evictions
>  
> But if you get the writ and the sheriff slow or no walks it there is little you can do 
> 
> Sent from my iPhone
>  
> 
> On Mar 18, 2020, at 8:13 PM, Leonard Cabral <LensLaw at lenslaw.com> wrote:
> 
> 
> Group.
> Mandamus seems to be the only solution.  
> I have Mandamus pleadings against a judge for failure to issue a writ of possession in an eviction case if anyone is interested.
>  
> If you need a response in less than 48 hours please call me at the number below.
> Leonard P. Cabral, Esq.
> Lenslaw at lenslaw.com
> (407) 324-2200
>  
> From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Harry Heist
> Sent: Wednesday, March 18, 2020 7:10 PM 
> Subject: Re: [RPPTL LandTen] Evictions
> To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>; 'RPPTL Landlord Tennant Committee' <landtencl at lists.flabarrpptl.org>
>  
> So I can evict people on Section 8 vouchers. public housing, project based Section 8,  LIHTC props  and when an owner owns it outright with no mortgage or maybe has a private mortgage?
>  
> Before we file the eviction we need to see what kind of mortgage if any there is?
>  
> Our phones and emails are blowing up.
>  
> It seems odd. A person who owns a property outright can evict away but if there is an FHA mortgage no?
>  
> Thousands of homes are owned outright by institutional investors and we can evict with no issues?
>  
> Each day more and more counties are not accepting ANY evictions and many Sheriff’s departments are refusing to serve and execute Writs.
> 
> This is quite a mess.
>  
> 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 
> Email: harry at evict.com
> 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] On Behalf Of Eric Jacobs
> Sent: Wednesday, March 18, 2020 6:31 PM
> To: RPPTL Landlord Tenant Committee; 'RPPTL Landlord Tennant Committee'
> Subject: Re: [RPPTL LandTen] Evictions
>  
> If it’s an insured mortgage, no foreclosure, no eviction
>  
> Get Outlook for iOS
> From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> on behalf of Harry Heist <harry at evict.com>
> Sent: Wednesday, March 18, 2020 6:20:22 PM
> To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>; 'RPPTL Landlord Tennant Committee' <landtencl at lists.flabarrpptl.org>
> Subject: [RPPTL LandTen] Evictions
>  
> Does anyone understand this????  https://www.hud.gov/press/press_releases_media_advisories/HUD_No_20_042
>  
> So I can evict if the landlord owns the house and has no mortgage??????
>  
> This makes no sense.
>  
> Are they confused somehow or am I just dense?
>  
> 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 
> Email: harry at evict.com
> 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.
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