[RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee

[Cary Sabol]

It is my opinion that the same 3 day notice is effective even for an oral tenancy.  3 day notices are effective under all forms of rental agreements, whether written or verbal.  Also, I don't believe sending a 15 day Notice of Termination would supersede or undermine your 3 day.  You are correct that sending a second 3 day notice would void and supersede the original 3 day notice, but that is not the case you are describing.  I have often delivered both a 3 day and 15 day, but filed suit under the 3 day and have never had any problems with one affecting the other.  Essentially they are separate matters and separate causes of action.
 
I would send the 15 day Notice for the purpose of creating separate grounds for eviction if, for some reason, you lose on the eviction pursuant to the 3 day Notice.  Hope that helps.
 
Cary Sabol

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416 
Phone: (561) 281-2744
Fax:    (561) 697-4805
 
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--- On Fri, 6/18/10, Jeffrey Mazor <jmazor at mazor.com> wrote:


From: Jeffrey Mazor <jmazor at mazor.com>
Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee
To: landten at lists.flabarrpptl.org
Date: Friday, June 18, 2010, 3:48 PM








This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice.  Final Hearing won’t be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement.
 
To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument.  However, I am concerned about the general rule that a second notice will wipe out an earlier notice.
 
Possible solutions?
 
1.         Would some kind of conditional-language Notice of Termination work?  It might say something like “This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective.”
 
2.         I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant’s counsel to commit to one position or the other.
 
I would appreciate any input or thoughts you may have.
 
Very truly yours,
 
 
Jeffrey R. Mazor, Esq.
 
 
 
 
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