[RPPTL LandTen] A question to my learned colleagues
harry at evict.com
harry at evict.com
Tue Jul 20 18:38:39 PDT 2010
Put both on the 3 Day and file against both.
Harry
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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 6:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] A question to my learned colleagues
My thought is that it is cleaner for two reasons:
1. If Laverne pays the past due rent then landlord is still
stuck with a slow paying tenant. That may be okay with the landlord.
2. Non-renewal of a tenancy is a less adversarial approach then
an “eviction”. Threatening to evict Laverne may result in her taking a
defensive stance. There are volumes of cases published in the Florida Law
Weekly Supp. regarding defective notices and defenses to the 3–day notice.
Conversely, notifying her well in advance my result in her appreciating that
the landlord gave her time to find a new place resulting in her voluntarily
surrendering possession. .
I know of some situations where it was cheaper for the landlord to give the
tenant say, $500.00, just to leave, then to retain an attorney to prosecute
the eviction action.
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 6:23 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] A question to my learned colleagues
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
<http://www.arnstein.com/> 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
<mailto:SAFrank at arnstein.com> 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
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
email transmission is privileged and confidential. If you are not the
intended recipient, nor the employee or agent responsible for delivering it
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copying of this transmission (including any attachments) is strictly
prohibited. If you have received this email transmission in error, please
notify the sender by email reply immediately. Thank you.
Internal Revenue Service regulations require that certain types of written
advice include a disclaimer. To the extent the proceeding message contains
advice relating to a Federal tax issue, unless expressly stated otherwise,
the advice is not intended or written to be used, and it cannot be used by
the recipient or any other taxpayer, for the purpose of avoiding Federal tax
penalties, and was not written to support the promotion or marketing of any
transaction or matter discussed herein.
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury
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otherwise expressly indicated, any federal tax advice expressed above was
neither written nor intended by the sender or this firm to be used and
cannot be sued by any taxpayer for the purpose of avoiding penalties that
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particular circumstances from an independent tax advisor.
_____
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
<http://www.arnstein.com/> 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
<mailto:SAFrank at arnstein.com> SAFrank at arnstein.com
Offices in Illinois, Florida, and Wisconsin
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