[RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage
RPPTL Real Estate Leasing Committee
landten at lists.flabarrpptl.org
Wed Sep 9 08:28:01 PDT 2020
Residential; they are serving writs for commercial evictions.
***PLEASE NOTE NEW ADDRESS****
Lainie J. Simon, Esq.
Of Counsel, Gross Hoffman PLLC
490 E. Palmetto Park Road, Suite 101
Boca Raton, FL 33432
561.445.1361
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Ê
> On Sep 9, 2020, at 10:59 AM, RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org> wrote:
>
> Hi All,
>
> I have just been informed that the PBC Sheriff will not serve or execute any writs of possession whatsoever, no matter what the basis of the case. The CDC Order clearly exempts any cases that are not based on nonpayment of rent and of course there are a number of other types of cases that end in writs of possession that are not eviction related.
>
> I was not aware the Sheriff's office had the authority to refuse to follow a Court Order. I'm assuming PBC is not the only County Sheriff making this decision, so I'm wondering if anyone has considering taking legal action to force the Sheriffs to do their job and comply with Court Orders.
>
> I know back in March and April it seemed like a wasted effort thinking "this will all be over soon." But now we are looking at 9 months of forcing landlords to bear the financial burden of a national crisis and there's no reason to think it wouldn't be extended again after January 1, 2021.
>
> /s/ #FrustratedSeekingRationalSolutions
>
> Cary
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> -------- Original Message --------
> Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium
> Unit for Storage
> From: RPPTL Real Estate Leasing Committee
> <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org>>
> Date: Tue, September 08, 2020 11:45 am
> To: "landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org>" <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org>>
>
> No.
>
> Carlos R. Arias
> AriasBosinger
> P | 407.636.2549 <tel:4076362549>
> F | 321.280.2489 <tel:3212802489>
> 140 N. Westmonte Drive, Ste. 203
> Altamonte Springs, FL 32714
> In compliance with the Fair Debt Collection Practices Act, this law firm is a debt collector and may be attempting to collect a debt. Any information provided will be used for that purpose.
>
> 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 RPPTL Real Estate Leasing Committee
> Sent: Tuesday, September 8, 2020 11:40 AM
> To: landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org>
> Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage
>
> Did the owner of the masks have exclusive control and possession of the space?
>
> This email message was sent by:
> _________________________________________
> Lloyd Granet | Board Certified Real Estate Attorney
> Law Offices of Lloyd Granet, P.A.
> 2295 NW Corporate Boulevard, Suite 235
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> Direct Dial: (561) 999-0090
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> 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 RPPTL Real Estate Leasing Committee
> Sent: Tuesday, September 8, 2020 10:36 AM
> To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org>>
> Subject: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage
>
> Team:
>
> I have a commercial landlord who allowed an entity to store masks in one of their commercial condo units on a temporary basis. The client did not charge a fee for the storage. Client required only the execution of an indemnification. The owner of the entity has MIA or otherwise unresponsive. Our client has a potential tenant for the space and needs the 30 palettes of boxes removed. No good deed …
>
> Since no rent was exchanged, does a landlord/tenant relationship exist?
>
> The unit is not real property designed and used for the purpose of renting or leasing individual storage space so I do not believe the Self-Storage Facility Act applies. Anyone disagree?
>
> If neither the Self-Storage Facility Act or Non-Residential Landlord/Tenant Act apply, can client just dispose of the masks as they see fit? They want to donate them to the county.
>
> Best regards,
> Carlos R. Arias
> Board Certified Condominium & Planned Development Attorney
>
> P | 407.636.2549 <tel:4076362549>
> F | 321.280.2489 <tel:3212802489>
> 140 N. Westmonte Drive, Ste. 203
> Altamonte Springs, FL 32714
>
> www.ABLawFL.com <http://ablawfl.com/>
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