[RPPTL Leasing Committee] Writs of Possession

Wed Sep 9 08:56:20 PDT 2020

The Miami-Dade County Sheriff will not execute *any* Writ of Possession,
while the county is in a state of emergency.  The county mayor declared a
local emergency on March 11 that continues through today.

Albert

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

On Wed, Sep 9, 2020 at 11:50 AM RPPTL Real Estate Leasing Committee <
landten at lists.flabarrpptl.org> wrote:

> Yes, that is true, sorry I should have clarified.  They won't even kick
> out airbnb renters who refused to leave.
>
> 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*
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>
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> 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.*
>
>
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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>
> Date: Wed, September 09, 2020 11:28 am
> To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
>
> 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
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>
>
>
>
>
>
> 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
> *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.<sigimg0.jpeg>*
>                               <sigimg1.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
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> contain confidential information belonging to the sender which is protected
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> message. Thank you for your cooperation.
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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>
> Date: Tue, September 08, 2020 11:45 am
> To: "landten at lists.flabarrpptl.org" <landten at lists.flabarrpptl.org>
>
> No.
>
> Carlos R. Arias
> AriasBosinger
> P | 407.636.2549 <4076362549>
> F | 321.280.2489 <3212802489>
> 140 N. Westmonte Drive, Ste.  203
> Altamonte Springs, FL 32714
> *In compliance with the Fair Debt Collection Practices Act, this law firm
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> *From:* landten-bounces at lists.flabarrpptl.org <
> 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
> *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
> Boca Raton, FL 33431
> Direct Dial:  (561) 999-0090
> Main Number:  (561) 999-9300 x110
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>
> *From:* landten-bounces at lists.flabarrpptl.org <
> 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>
> *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 <4076362549>
> F | 321.280.2489 <3212802489>
> 140 N. Westmonte Drive, Ste.  203
> Altamonte Springs, FL 32714
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