[RPPTL LandTen] Evictions still being filed?? / Force Majeure
jeff at eannarinolaw.com
jeff at eannarinolaw.com
Thu Apr 9 10:22:42 PDT 2020
Thanks Jordan;
No money exchanged hands because it's not yet due. Tenant paid an
application fee only.
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 Jordan M Brill
Sent: Thursday, April 9, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure
I have always been curious what theory attorneys use to support the position
that a landlord is entitled to keep a security deposit, under the standard
lease for a residential property, if the tenant terminates the lease prior
to the start of the lease. The landlord has not provided any consideration
and not tendered possession of the property. There is no provision in the
Florida bar standard residential lease which allows the landlord to retain
the security deposit. This is different from a far bar sale contract which
explicitly sets forth what happens in the event of a default with respect to
the deposit.
*sent via mobile phone
Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan at glachmanbrill.com <mailto:jordan at glachmanbrill.com>
www.glachmanbrill.com <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.
On Apr 9, 2020 1:08 PM, jeff at eannarinolaw.com <mailto:jeff at eannarinolaw.com>
wrote:
Thanks Harry;
I sense a judge may not be happy seeing a plaintiff in court trying to
extort 2 month rent penalty from a tenant where contract language clearly
provides for excusal of an obligation due to epidemic.
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: Thursday, April 9, 2020 12:53 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 have been dealing with a load of these.
I am making a recommendation to my clients to let the tenant out and return
the money.
As to the law, I have no clue, but, "What would a judge do"?
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: <http://www.evict.com/> www.evict.com
Email: <mailto:harry at evict.com> harry at evict.com
<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
jeff at eannarinolaw.com <mailto:jeff at eannarinolaw.com>
Sent: Thursday, April 09, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee'
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.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200409/c103c6a3/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 1592 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200409/c103c6a3/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 2519 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200409/c103c6a3/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1153 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200409/c103c6a3/image003-0001.png>
More information about the landten
mailing list