[RPPTL LandTen] Consumer Lawyer/Insurance regulation lawyer question

Fri Jul 10 06:49:36 PDT 2020

My condolences Leonard, may her memory be a blessing.

Albert

Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783

On Fri, Jul 10, 2020 at 8:37 AM lesstevens <lesstevens at earthlink.net> wrote:

> Condolences Leonard...
>
>
>
> Les H. Stevens, Esquire
> Les H. Stevens, P.A.
> 5301 N. Federal Highway
> Suite 130
> Boca Raton, FL 33487
> Tel.561.989.9797
>
>
> Sent via  the Samsung Galaxy S7 edge, an AT&T 4G LTE smartphone
>
>
> -------- Original message --------
> From: Joseph George <joepgeorge at aol.com>
> Date: 7/10/20 8:30 AM (GMT-05:00)
> To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] Consumer Lawyer/Insurance regulation lawyer
> question
>
> Our prayers have been with you Leonard now and ongoing.
>
> Joe George & family.
>
> Sent from my iPhone
>
> On Jul 9, 2020, at 7:44 PM, Farach, Manny <mfarach at mcglinchey.com> wrote:
>
> 
>
> My condolences Leonard
>
>
>
>
>
> *Manuel Farach*
> Attorney at Law
>
> <image001.png>
>
> *mfarach at mcglinchey.com <mfarach at mcglinchey.com>*
> One E Broward Blvd, Ste 1400, Fort Lauderdale, FL 33301
> T (954) 356-2528  F (954) 756-8064
>
> *bio <https://www.mcglinchey.com/Manuel-Farach>** | **vCard
> <https://www.mcglinchey.com/people/Manuel-Farach/vcard>** | **mcglinchey.com
> <https://www.mcglinchey.com>*
>
>
> <https://www.mcglinchey.com/firm/covid-19-resource-center/?utm_source=email&utm_medium=signature&utm_campaign=covid19>
> <image002.png>
> <https://www.mcglinchey.com/firm/covid-19-resource-center/?utm_source=email&utm_medium=signature&utm_campaign=covid19>
>
> Alabama  California  Florida  Louisiana  Massachusetts  Mississippi  New
> York  Ohio  Tennessee  Texas  Washington, DC
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Leonard Cabral
> *Sent:* Thursday, July 09, 2020 7:02 PM
> *To:* RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> *Subject:* Re: [RPPTL LandTen] Consumer Lawyer/Insurance regulation
> lawyer question
>
>
>
> To those who wished my wife well, today, July 9, 2020, my wife, Mary
> Kathryn Cabral, died at Apopka Hospital. I will be spending time preparing
> for her funeral this week.
>
>
>
> Sent from Mail <https://go.microsoft.com/fwlink/?LinkId=550986> for
> Windows 10
>
>
> ------------------------------
>
> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> on behalf of Leonard Cabral <
> LensLaw at Lenslaw.com>
> *Sent:* Monday, June 29, 2020 8:28:48 PM
> *To:* RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> *Subject:* Re: [RPPTL LandTen] Consumer Lawyer/Insurance regulation
> lawyer question
>
>
>
> I belong to the National Association of Consumer Advocates
> https://www.consumeradvocates.org/  They are very hardcore consumer
> lawyers. The best in the country. Contact them. Someone there can help. If
> you have trouble contacting them let me know. I have some personal contact
> information that I cannot share.
>
> To complete my bucket list, I am working on filing a class action suit
> against landlord that will be as big as Yates. I don’t think there is much
> more for me to complete as a lawyer.
>
> The landlords need to be reigned in. It is ridiculous what they are
> getting away with.  There are very few of us let that will fight unfairness
> in Landlord and Tenant law.  If I were 30 years younger I would be
> dangerous. Right now I have to worry about the wife who is back in the
> hospital.
>
>
>
> Leonard
>
>
>
> Sent from Mail <https://go.microsoft.com/fwlink/?LinkId=550986> for
> Windows 10
>
>
>
> *From: *Harry Heist <harry at evict.com>
> *Sent: *Monday, June 29, 2020 8:12 PM
> *To: *'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
> *Subject: *Re: [RPPTL LandTen] Consumer Lawyer/Insurance regulation
> lawyer question
>
>
>
> Leonard,
>
>
>
> They are licensed brokers or sales people working for brokers. At least
> the ones I work for.
>
>
>
> I did not know there was a consumer listserv.
>
>
>
> I need to get to the bottom of this as I am being asked where my “proof”
> of illegality is and can’t definitively point to something.
>
>
>
> I called the Florida Department of insurance Regulation a while back and
> they made one thing clear.
>
>
>
> If you charge the owner a fee and guaranty that you will pay for lost rent
> or pet damage for example, this is CLEAR.  This is INSURANCE.
>
>
>
> So they are coming up with novel ways of doing it like charging a higher
> monthly commission and covering it. They create “packages” of things based
> upon different percentages they will charge the owner so it is not blatant.
>
>
>
> They now have things like a ‘RESIDENT BENEFIT PACKAGE” or an “OWNERS
> BENEFIT PACKAGE” where all of this is hidden.
>
>
>
> In the situations I described, it gets more complex, for example they are
> charging the tenant and then guaranteeing a payment  to the owner in the
> event of damage or rent default.
>
>
>
> This business of charging a fee to the tenant and then “covering” the
> deposit or damages up to a certain amount is the same thing as insurance
> BUT, they are claiming that since the OWNER does not pay, it is not
> insurance per se.
>
>
>
> They also like to say that they are “guaranteeing the rent/damages” and
> that “guaranteeing” is NOT the same as “insurance”.
>
>
>
> I just don’t get how this could be legal or even fair to a tenant by
> taking advantage of them not having a full deposit, charging them a
> nonrefundable FEE that they WILL pay each month and this actually often
> amounts to a significant amount of money. It exceeds the traditional
> security deposit and the tenant does not even get it back!!!!!!!
>
>
>
> I tell them that if the tenant wants to use the security deposit
> substitute products I mentioned, or the rent guaranty products to owners,
>  like Sure Deposit, Rhino, Obligo, Steady etc this is most likely legal but
> even then, SureDeposit was involved in major class action litigation in
> another state.   These are licensed insurance products.
>
> https://www.suredeposit.com/Public/default.aspx ,
> https://www.steadymarketplace.com/   https://leaselock.com/
> https://myobligo.com/  https://surevestor.com/
>
>
>
> The problem I see, is that some are doing this all in house and it just
> does not pass the smell test.  Insurance is insurance.
>
>
>
> It is becoming a real battle as they all are in associations, they all are
> on social media and there is a herd mentality of *“he/she does it so it
> must be legal”*
>
>
>
> There is a movement in the property management business to lower the
> monthly percentage they charge but then get the owner and the tenant with
> all kinds of FEES.   None of these fees are illegal per the landlord/tenant
> law but as we saw in Yates v. Equity, which few people even were around
> for  that case said if it ain’t specifically allowed in the act, it is
> illegal.
>
>
>
> Few people know that forfeiture of a security deposit or a liquidated
> damage for lease break was made illegal by Yates v. Equity and then we got
> it put in the statute so we CAN do it legally.
>
>
>
> Many companies in Florida paid out millions back in 2005 – 2009.  *Very
> few people know how radically the statute was changed.*
>
>
>
> Everyone needs to read that decision and understand how the law was
> changes after it.
>
>
>
> *Babbitt Johnson Osborne And Le Clainche PA *most likely made millions
> back then off of all the cases.
>
>
>
> I am very concerned that my clients are going to get nailed and I need to
> properly advise them.
>
>
>
> If anyone knows a real hard core consumer protection/debtor’s rights
> lawyer, I want to hire them to get a written opinion.
>
>
>
> 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* <harry at evict.com>
>
> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
> <image003.png>
> <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
> <landten-bounces at lists.flabarrpptl.org>] *On Behalf Of *Leonard Cabral
> *Sent:* Monday, June 29, 2020 7:10 PM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] Consumer Lawyer/Insurance regulation
> lawyer question
>
>
>
> Hi Harry.
>
> All property manages must be licensed realtors. My first impression is
> that it must violate the real estate licensing statute.
>
> Leonard P. Cabral, Esq.
>
>
>
> Sent from Mail <https://go.microsoft.com/fwlink/?LinkId=550986> for
> Windows 10
>
>
>
> *From: *Harry Heist <harry at evict.com>
> *Sent: *Monday, June 29, 2020 4:51 PM
> *To: *'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>; 'RPPTL
> Landlord Tennant Committee' <landtencl at lists.flabarrpptl.org>
> *Subject: *[RPPTL LandTen] Consumer Lawyer/Insurance regulation lawyer
> question
>
>
>
> *Here are 2 more spreading fast.*
>
>
>
> *Please take the time to read this when you can as it is becoming very
> common. *
>
>
>
> 1.        Tenant is not required to pay a Security Deposit and they are
> given an optional “method”.  Tenant pays a set FEE to the Property magager,
> more or less than 1/12 of what would have been the deposit each month as a
> NONREFUNDABLE FEE and even continues this upon renewals!!  Property manager
> guarantees the property owner an amount equal to what the deposit would
> have normally been if the tenant damages the place or owes rent (from
> property manager’s pocket) and sometimes even an additional month of rent
> if the tenant defaults.  *Property manager pockets the money each month
> as a FEE. Owner is not even aware of the scheme. *
>
>
>
> *No damages, property manager makes out like a bandit.*  Is this
> legal???  The tenant is paying for the privilege/convenience of not having
> to pay a security deposit BUT is not using a licensed product.
>
>
>
> *THIS IS A FORM OF INSURANCE IS IT NOT? *The tenant though is not being
> “insured”, but the owner is and the property manager is pocketing a large
> sum of money.
>
> This particular scheme preys on people who do not have a security deposit
> to pay.
>
>
>
> The property manager is arguing with me that this is NOT insurance as the
> OWNER is not paying the “premium”.
>
>
>
> In this situation, a tenant actually could end up paying far more in
> nonrefundable FEES than if he had paid a normal security deposit and people
> are eating this up!
>
>
>
> *Next one:*
>
>
>
> 2.       Property manager charges a pet fee or pet rent to tenant.
> Property manager pockets this pet fee or pet rent.  If there is pet damage,
> property manager will pay up to $XXX for pet damage.   THIS IS CLEARLY AN
> INSURANCE PRODUCT IS IT NOT?   No pet damage, property manager makes out
> like a bandit.  Pet damage? Property manager has a limit as to what they
> will cover.
>
>
>
> *I am trying to explain why both of these could be insurance, violate the
> security deposit statute, illegal or an unfair and deceptive trade practice
> but can’t seem to wrap my head around exactly why.*
>
>
>
> *Now, there ARE licensed insurance companies that provide this type of
> service.   Obligo, Rhino, Leaselock and SureDeposit are but a few.*
>
>
>
> *THESE above are all done in house and are a HUGE profit center now for
> some property managers and cost far more than the licensed products.*
>
>
>
> Any real expects out there before some huge class actions start?
>
>
>
> *I am willing to pay for solid advice. *
>
>
>
> Trust me on this.  *Your single family home managers are beginning to do
> it and it is increasing their profits dramatically*.
>
>
>
> The whole fiduciary duty thing is also disturbing.  If a property manager
> has a choice between accepting a tenant who will pay the standard security
> deposit OR one who wants to pay a nonrefundable FEE each month to the
> property manager, who are they going to pick?
>
>
>
> 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* <harry at evict.com>
>
> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
> <image003.png>
> <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.
>
>
>
>
>
>
>
>
>
> ------------------------------
>
> www.mcglinchey.com | www.CafaLawBlog.com
>
> McGlinchey Stafford, PLLC in Alabama, Florida, Louisiana, Massachusetts,
> Mississippi, New York, Ohio, Tennessee, Texas, and Washington DC and
> McGlinchey Stafford, LLP in California.
>
> Confidentiality Statement: This email may contain attorney-client
> privileged or confidential information. It is for the sole use of the
> intended recipient(s). If you have received this transmission in error,
> immediately notify us by telephone at 504-586-1200 and return the original
> message to us at McGlinchey Stafford, 12th Floor, 601 Poydras Street, New
> Orleans, LA, 70130 via the United States Postal Service.
>
> We take steps to remove metadata in attachments sent by email, and any
> remaining metadata should be presumed inadvertent and should not be viewed
> or used without our express permission. If you receive an attachment
> containing metadata, please notify the sender immediately and a replacement
> will be provided.
>
> See McGlinchey Stafford Disclaimer/Privacy Policy
> https://www.mcglinchey.com/disclaimer/
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
> _______________________________________________
> 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/20200710/60e0188c/attachment-0001.html>