[RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee

[David Weisman]

The notices do not conflict. If the rent is unpaid, you have the right to serve the demand for rent or possession. Even if the rent were  paid under the demand, you would still have the right to terminate a month to month tenancy under the 15 day notice.  If they claim there is no lease, you should be able to get a faster eviction judgment on the termination notice because there would be no defense. They can't defend that based upon a lease which they just denied!

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 Jeffrey Mazor
Sent: Friday, June 18, 2010 3:48 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee

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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