[RPPTL LandTen] Quick question for my residential leasing colleagues

[John J Boyle]

Serve the tenant with a demand for double the former monthly rent as per the statute.  You will be pleased to receive a prompt response.
   If you are driven to the wall, wait until the end of the one month term, then serve a 3DN for the overdue double rent and sue under F.S. 83.625 for the rent and possession.  Get personal service if you have to sue. 
  ----- Original Message ----- 
  From: Frank, Scott A. 
  To: RPPTL Landlord Tenant Committee 
  Sent: Thursday, June 18, 2009 2:22 PM
  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  Some discussion of a 1-month extension, but tenant flaked and never came through with the money and offer was rescinded.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

  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

  Offices in Illinois, Florida, and Wisconsin 

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