[RPPTL LandTen] Evictions still being filed?? / Force Majeure

[bob at robertschwartzpa.com]

If the lease has the quoted language I believe the tenant has a right to cancel 

Bob Schwartz 
Robert Marc Schwartz, P.A.
Florida Bar Board Certified Real Estate Lawyer
4700 NW Boca Raton Blvd. Suite 104
Boca Raton, FL 33431
Phone (561) 241-1850
Fax (561) 241-1845
Bob at robertschwartzpa.com
www.robertschwartzpa.com
Sent from my iPhone

 

> On Apr 9, 2020, at 12:35 PM, jeff at eannarinolaw.com wrote:
> 
> 
> I’d like to get the group’s thoughts on force majeure.  T & LL sign a lease in early March with move in date of mid-May.  T suffers from an immune deficiency and has been instructed by his doctor to stay put at home.  T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days.  Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics. 
>  
> Respectfully,
>  
>    Jeff
>  
> Jeffrey S. Eannarino
> Attorney at Law
>  
> <image001.jpg>
> <image002.jpg>
>  
> 500 S. Australian Ave., Fifth Floor
> West Palm Beach, FL 33401
> Telephone: (561) 935-9024
> Fax: (561) 935-9022
> Email: Jeff at eannarinolaw.com
> For Service of Documents, please email: eService at eannarinolaw.com
> 
> A Referral is the Biggest Compliment You Can Give Our Law Firm.
> ------
> Please consider the environment before printing this e-mail.
> 
> CONFIDENTIALITY NOTICE: The information and attachments contained in this communication are legally privileged and confidential information, subject to the attorney-client privilege, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, disclosure, distribution or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above listed address via e-mail. Please permanently remove any copies of this message, including attachments from your system and do not retain a copy, whether in electronic or physical form or otherwise. Thank you.
>  
> From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Harry Heist
> Sent: Monday, April 6, 2020 4:29 PM
> To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
> Subject: [RPPTL LandTen] Evictions still being filed??
>  
> This is bizarre.  Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened.
>  
> We won’t dare do it at this point.
>  
> What the heck is happening?
>  
> 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.
>  
> 
>  
> _______________________________________________
> 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/20200409/270a81b4/attachment.html>