[RPPTL LandTen] Moratorium by Governor DeSantis extended to August 1, 2020

Tue Jul 7 15:23:27 PDT 2020

I did that too- when it was legal to evict someone for non payment. The
concern is that if you even plead that your action is stayed by the
governor’s current order. It is why I went overboard with language as to
why this eviction is not stayed by anything.

Deborah Marks

On Tue, Jul 7, 2020 at 5:57 PM Harry Heist <harry at evict.com> wrote:

> When we file holdover evictions, we always allege the rent due so we are
> able to file a Motion to Default for Failure to Post Rent into the Registry
> and avoid having to go to court.
>
>
>
> The fact that it is a holdover eviction does not take away our rights to
> that Motion and Final Judgment based on that. A holdover tenant must post
> the rent into the court registry.
>
>
>
> At least that is how we have been doing it for years.
>
>
>
> Is there a reason you don’t allege the rent due?
>
>
>
> Harry
>
>
>
>
>
>
>
>
> *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428FAX: 1 800 367
> 9038"Serving the Property Management Professional"Website:  *
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> * Email: **harry at evict.com* <harry at evict.com>
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> *From:* landten-bounces at lists.flabarrpptl.org [mailto:
> landten-bounces at lists.flabarrpptl.org] *On Behalf Of *Deborah Marks
> *Sent:* Tuesday, July 07, 2020 5:01 PM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] Moratorium by Governor DeSantis extended
> to August 1, 2020
>
>
>
> The order is particularly strong with findings that there is no basis to
> delay Issuance and execution of the writ. I will file a mandamus on this
> one
>
>
>
> On Tue, Jul 7, 2020 at 4:49 PM Leonard Cabral <LensLaw at lenslaw.com> wrote:
>
> The order is particularly right on the law. Not sure about the application
> of the law to the facts.  I want to see what the shelf does.  Great
> mandamus case against the sheriff of he doesn’t execute the writ.
>
> Sent by Leonard P Cabral
>
>
>
> On Jul 7, 2020, at 3:27 PM, Deborah Marks <deborahmarkslaw at gmail.com>
> wrote:
>
> 
>
> I filed a holdover case in Broward. The woman raised a bogus defense that
> the lease was really not terminated because it was signed after the initial
> date on the lease in by several months (it was a renewal) and since it was
> a one year lease it was not up until September. I filed a motion for
> judgment on the pleadings and set it on motion calendar. The court sua
> sponte canceled the motion calendar as "all landlord tenant actions have to
> be approved by the court for hearings." So, I uploaded a proposed Order
> with a cover letter.
>
>
>
> Today I got my partial final judgment but I also got an Order that the
> judge drafted herself that struck Tenant's answer for failure to deposit
> money in the court registry. No one asked for money in the court registry-
> there was no amount in the complaint because the lease was terminated! I
> did not use the 5 day landlord/tenant summons that told her to put money in
> the registry because that would not have been appropriate to this case.
> But, the Court reasoned that if she believed the lease was still valid she
> would have had to put the money in the registry or she could not raise any
> defenses to the eviction- except if this was a non pay case the governor's
> order would have precluded it! AAARRGH.
>
>
>
> Sending the writ in today. We shall see if THAT gets issued and thereafter
> if the sheriff serves it. This is lunacy.
>
>
>
> Meeting at 9pm tonight via zoom with people who want to discuss this.
> email me off thread if you want me to send the link.
>
>
>
> Deborah Marks, PLLC
>
> 18495 S. Dixie Highway
> <https://www.google.com/maps/search/18495+S.+Dixie+Highway+%0D%0ASte+134+%0D%0A+%0D%0AMiami,+FL+33157?entry=gmail&source=g>
> Ste 134
> <https://www.google.com/maps/search/18495+S.+Dixie+Highway+%0D%0ASte+134+%0D%0A+%0D%0AMiami,+FL+33157?entry=gmail&source=g>
>
> Miami, FL 33157
> <https://www.google.com/maps/search/18495+S.+Dixie+Highway+%0D%0ASte+134+%0D%0A+%0D%0AMiami,+FL+33157?entry=gmail&source=g>
> 305-372-9400
>
> deborahmarkslaw at gmail.com
>
> deborah at deborahmarks.law
> synergy928 at aol.com
>
>
>
>
>
> On Wed, Jul 1, 2020 at 10:28 AM Cary P. Sabol, Esq. <csabol at sabollaw.com>
> wrote:
>
> I've also filed residential cases for hold over tenants and have not
> received any progress from the Court.  Clerks have issued some defaults,
> but then nothing from the Judges.
>
>
>
> 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 *
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> -------- Original Message --------
> Subject: Re: [RPPTL LandTen] Moratorium by Governor DeSantis extended to
> August 1, 2020
> From: "Les H. Stevens, Esquire" <lesstevens at earthlink.net>
> Date: Wed, July 01, 2020 10:08 am
> To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org>
>
> Thanx, Cary….just wanted to make sure I wasn’t the only one being ignored.
>
>
>
>
>
> Les H. Stevens, Esquire
>
> Les H. Stevens, P.A.
>
> 5301 North Federal Highway
> <https://www.google.com/maps/search/5301+North+Federal+Highway+%0D%0A+Suite+130+%0D%0A+Boca+Raton,+Florida+33487?entry=gmail&source=g>
>
> Suite 130
> <https://www.google.com/maps/search/5301+North+Federal+Highway+%0D%0A+Suite+130+%0D%0A+Boca+Raton,+Florida+33487?entry=gmail&source=g>
>
> Boca Raton, Florida 33487
> <https://www.google.com/maps/search/5301+North+Federal+Highway+%0D%0A+Suite+130+%0D%0A+Boca+Raton,+Florida+33487?entry=gmail&source=g>
>
> Tel: 561-989-9797
>
> Fax: 561-989-8484
>
> E-Mail: lesstevens at earthlink.net
>
> _____________________________________________________________________________
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> TRANSFERS).*
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> FAX. Always call to verify*
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> THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
> IMMEDIATELY.
>
>
>
>
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Cary P. Sabol, Esq.
> *Sent:* Wednesday, July 01, 2020 10:05 AM
> *To:* RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> *Subject:* Re: [RPPTL LandTen] Moratorium by Governor DeSantis extended
> to August 1, 2020
>
>
>
> I have a couple of open Commercial cases in PBC, which by the way were
> filed before the Covid shutdowns.  Unfortunately, they have been completely
> ignored by the court.  It seems most, if not all, the Judges have just
> considered all evictions the same and not bothered to see the nuances on
> which cases are not subject to the Moratorium.
>
>
>
> 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.*
>
> *<image001.jpg>*
>
>
>
> <image002.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 LandTen] Moratorium by Governor DeSantis extended to
> August 1, 2020
> From: "Les H. Stevens, Esquire" <lesstevens at earthlink.net>
> Date: Wed, July 01, 2020 9:55 am
> To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org>
>
> Has anyone had any success in filing a commercial eviction
> (Dade/Broward/Palm Beach Counties)?
>
>
>
>
>
> Les H. Stevens, Esquire
>
> Les H. Stevens, P.A.
>
> 5301 North Federal Highway
> <https://www.google.com/maps/search/5301+North+Federal+Highway+%0D%0A+%0D%0A+%0D%0A+Suite+130+%0D%0A+%0D%0A+%0D%0A+Boca+Raton,+Florida+33487?entry=gmail&source=g>
>
> Suite 130
> <https://www.google.com/maps/search/5301+North+Federal+Highway+%0D%0A+%0D%0A+%0D%0A+Suite+130+%0D%0A+%0D%0A+%0D%0A+Boca+Raton,+Florida+33487?entry=gmail&source=g>
>
> Boca Raton, Florida 33487
> <https://www.google.com/maps/search/5301+North+Federal+Highway+%0D%0A+%0D%0A+%0D%0A+Suite+130+%0D%0A+%0D%0A+%0D%0A+Boca+Raton,+Florida+33487?entry=gmail&source=g>
>
> Tel: 561-989-9797
>
> Fax: 561-989-8484
>
> E-Mail: lesstevens at earthlink.net
>
> _____________________________________________________________________________
>
>
> *OUR OFFICE NO LONGER ACCEPTS CASHIER’S CHECKS AT CLOSING. ALL FUNDS MUST
> BE RECEIVED IN THE FORM OF A SAME DATE WIRE TRANSFER ONLY (NO ACH
> TRANSFERS).*
>
>
>
> *WE DO NOT ACCEPT OR REQUEST CHANGES TO WIRING INSTRUCTIONS VIA EMAIL OR
> FAX. Always call to verify*
>
>
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
> WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
> CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
> THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
> IMMEDIATELY.
>
>
>
>
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Sebastian Jaramillo
> *Sent:* Wednesday, July 01, 2020 9:30 AM
> *To:* RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> *Subject:* [RPPTL LandTen] Moratorium by Governor DeSantis extended to
> August 1, 2020
>
>
>
> Does anybody know of any lawsuits that have been filed to challenge the
> Governor’s authority to keep extending the moratorium on evictions?
>
>
>
>
>
>
>
> Sebastian Jaramillo
>
> Wolfe | Pincavage
>
> 2937 SW 27 Ave, Suite 302
> <https://www.google.com/maps/search/2937+SW+27+Ave,+Suite+302%0D%0A+%0D%0A+%0D%0A+%0D%0A+Miami,+FL+33133?entry=gmail&source=g>
>
> Miami, FL 33133
> <https://www.google.com/maps/search/2937+SW+27+Ave,+Suite+302%0D%0A+%0D%0A+%0D%0A+%0D%0A+Miami,+FL+33133?entry=gmail&source=g>
>
> O: 786.409.0807 | M: 786.306.0451
>
> sebastian at wolfepincavage.com
>
>
>
> Visit our COVID-19 legal resource guide for the latest updates
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> --
>
> Deborah Marks, PLLC
>
> 18495 S. Dixie Highway
> <https://www.google.com/maps/search/18495+S.+Dixie+Highway+Ste+134+Miami,+FL+33157?entry=gmail&source=g>
> Ste 134
> <https://www.google.com/maps/search/18495+S.+Dixie+Highway+Ste+134+Miami,+FL+33157?entry=gmail&source=g>
>
> Miami, FL 33157
> <https://www.google.com/maps/search/18495+S.+Dixie+Highway+Ste+134+Miami,+FL+33157?entry=gmail&source=g>
> 305-372-9400
>
> deborahmarkslaw at gmail.com
>
> deborah at deborahmarks.law
> synergy928 at aol.com
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-- 
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw at gmail.com
deborah at deborahmarks.law
synergy928 at aol.com
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