[RPPTL LandTen] A question to my learned colleagues

Tue Jul 20 15:22:51 PDT 2010

Yes, but if Laverne is not paying, then wouldn't a 3-day notice suffice for terminating the month-to-month tenancy?

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: 561.962.4145
Fax: 561.962.4245 
SAFrank at arnstein.com <mailto:SAFrank at arnstein.com> 

Offices in Illinois, Florida, and Wisconsin 

________________________________

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, July 20, 2010 6:18 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] A question to my learned colleagues

In my opinion, since Shirley is a party to the written lease, I would serve Shirley with a 3-day notice (provided the lease does not state some other notice period).  With regard to Laverne, she is a tenant without a specific term.  I would serve her with a Notice to Terminate the Tenancy as follows: 

Section 83.57 governs termination of tenancies without specific terms.  A tenancy without a specific duration, as defined in § 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in § 83.56(4), Fla. Stat, as follows: 

When the Tenancy is from

By giving not less than

year to year 

60 days' notice prior to the end of any annual period

quarter to quarter 

30 days' notice prior to the end of any quarterly period

Month to month

15 days' notice prior to the end of any monthly period

week to week 

7 days' notice prior to the end of any weekly period

Regards, 

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile:  954.467.2210

E-Mail: ahorky at mbhlawyer.com

Website: www.mbhlawyer.com

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________________________________

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Frank, Scott A.
Sent: Tuesday, July 20, 2010 5:22 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] A question to my learned colleagues

I have a client who used to be in the business of flipping houses.  As you may guess, he is now in the business of renting houses.

He has a bit of a current dilemma, and asked for my thoughts.  Not being a residential LL-Tenant guy, I thought I would ask for yours.  Here is his current scenario:

LL rented a house and signed a lease with Sister 1 ("Shirley").  Shirley was not a great payer, but usually paid.  Sister 2 ("Laverne") moved in with Shirley.  Landlord was aware.  Shirley took off.  Laverne paid some money to the Landlord, which the Landlord accepted, knowing it was from Laverne and that Shirley was gone.  No amendment to the original lease and no new written lease with Laverne.  Laverne is now quite behind (and, by the way, the electric has been paid off for non-payment).  Client/Landlord wants to send three-day notice and evict.

My initial thought is to prepare and deliver 2 notices, one each to Laverne and Shirley, and then to file possession action against Laverne and Shirley as well.  My concern is that since the Landlord accepted money from Laverne after Shirley disappeared, Laverne's defenses could include that Landlord either (i) agree to an assignment of the lease from Shirley to Laverne, or (ii) entered into a new non-written (i.e., month-to-month) tenancy agreement with Laverne.  But if we don't serve Shirley, she may have a defense, as the original lease was never terminated.  So by naming both, LL can preclude these defenses.  But can he evict two different people for the same property, under potentially two different rental agreements, at the same time?  Is there a better (cleaner) way?

Thoughts?

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: 561.962.4145
Fax: 561.962.4245 
SAFrank at arnstein.com <mailto:SAFrank at arnstein.com> 

Offices in Illinois, Florida, and Wisconsin 

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