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

Thu Apr 9 10:13:32 PDT 2020

Thanks Henry;

Good point and why I asked for feedback.   We are talking about a large apartment building with shared elevator, hallways and common facilities.  If a doctor tells someone not to go out in public, then I think that person has a legit argument they are excused from the event of moving and taking possession.  My understanding of a pandemic is that it is an epidemic on steroids.  Here is the provision:

FORCE MAJEURE: If we are prevented from completing

performances of any obligations hereunder by an act of God, strikes,

epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado,

sabotage, or other occurrence which is beyond the control of the

parties, then we shall be excused from any further performance of

obligations and undertakings hereunder, to the full extent allowed

under applicable law.

Furthermore, if such an event damages the property to materially

affect its habitability by some or all residents, we reserve the right

to vacate any and all leases and you agree to excuse us from any

further performance of obligations and undertakings hereunder,

to the full extent allowed under applicable law.

Respectfully,

   Jeff

Jeffrey S. Eannarino

Attorney at Law

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff at eannarinolaw.com <mailto:Jeff at eannarinolaw.com> 
For Service of Documents, please email: eService at eannarinolaw.com <mailto: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 Wulf, Henry
Sent: Thursday, April 9, 2020 1:00 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

What does the entire force majeure provision state?  I was under the impression that FM only suspends performance during the FM event.  Unless the specific provision provides otherwise, I do not think that the party, whose performance is prevented due to the FM event, has the right to totally cancel the contract at issue.  Not 100% sure – did not research.

Henry Wulf
Attorney at Law 

CityPlace Tower
525 Okeechobee Blvd., Ste. 1200 
West Palm Beach, Florida  33401-6350 
Direct:  561.650.8042 | Fax:  561.659.7368

hwulf at carltonfields.com <mailto:hwulf at carltonfields.com>  |  www.carltonfields.com <http://www.carltonfields.com> 
bio <https://www.carltonfields.com/team/w/henry-s-wulf>  |vcard <https://www.carltonfields.com/Libraries/CarltonFields/Media/Attorney%20Vcards/Henry-S-Wulf.vcf?ext=.vcf>   |LinkedIn <http://www.linkedin.com/pub/henry-wulf/a/66/828>  

COVID-19 NOTICE: Carlton Fields is committed to the health and safety of our clients, employees, families, and communities. We are continually monitoring updates regarding the coronavirus and following the guidance of local, state, and federal authorities. All our offices are “open for business”’ at this time although in some jurisdictions we are operating only remotely. Across our offices, we have limited all “non-essential” in-person meetings. Our firm will remain fully functional during this time and we are available by email and phone. We will communicate updates as circumstances unfold. 

Carlton Fields is ISO 27001:2013 certified. 

Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product.  If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery. 

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 jeff at eannarinolaw.com <mailto:jeff at eannarinolaw.com> 
Sent: Thursday, April 9, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org> >
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

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

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff at eannarinolaw.com <mailto:Jeff at eannarinolaw.com> 
For Service of Documents, please email: eService at eannarinolaw.com <mailto: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 <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
Sent: Monday, April 6, 2020 4:29 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org <mailto: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 <http://www.evict.com/>  
Email: harry at evict.com <mailto: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.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200409/96423065/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 1592 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200409/96423065/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 2519 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200409/96423065/image003-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 21642 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200409/96423065/image004-0001.png>