[RPPTL LandTen] Quick question for my residential leasing colleagues

[David Weisman]

A three day notice demands rent or possession. There is no further right
to occupancy, thus it is a simple demand for possession and an eviction
of the holdover.

 

 

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

 

 

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Frank, Scott
A.
Sent: Thursday, June 18, 2009 2:23 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Quick question for my residential leasing
colleagues

 

We represent the owner of a single family house which was leased out.
Lease expired on June 14.  We had previously provided tenant with plenty
of notice that lease was expiring and would not be renewed.  Some
discussion of a 1-month extension, but tenant flaked and never came
through with the money and offer was rescinded.

 

The 14th came and went.  tenant would not respond to phone calls or
e-mails.  On Tuesday we delivered - via e-mail and first class mail, as
well as left taped to front door and in the mailbox - a notice reminding
her that the lease had expired and she was illegally holding over.  Of
course no response.  We are ready to file complaint for possession
today.

 

My question is:  Will our letter be deemed a 3-day notice?  Or will a
3-day notice be required?  As I read the statute, a 3-day notice is not
required for a holdover, as it appears that the action can be filed
immediately.  But if it is not required, will the court find our notice
to somehow imply a 3-day right to cure?  (But how can one cure when the
issue is not non-payment or some other non-performance?)

 

Any thoughts or guidance would be most appreciated.  Thanks.

 

Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP 

www.arnstein.com <http://www.arnstein.com/> 

 

515 North Flagler Drive 

Sixth Floor 

West Palm Beach, Florida 33401-4323

Phone: 561.833.9800 

Fax: 561.655.5551

433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323 
Phone: 561.322.6900
Fax: 561.322.6940 
SAFrank at arnstein.com <mailto:SAFrank at arnstein.com> 

Offices in Illinois, Florida, and Wisconsin 

 

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