[RPPTL LandTen] 3 Day Notice & the FDCPA

Mon Jul 26 06:49:51 PDT 2010

Wouldn't it matter if its a consumer (residential lease) vs. a
commercial lease?

________________________________

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, July 26, 2010 9:46 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] 3 Day Notice & the FDCPA

Hey All,

I know this issue has been discussed before and I am familiar with the
debate, but have received different answers from different attorneys.
My questions are:

1.  What is the consensus on including a Fair Debt Collection Practice
Act Notice with a 3 day Notice?  (some people I talk to say it is
absolutely required, others say it's not necessary since it is a
statutory prerequisite to litigation).

2.  Does the FDCPA Notice and/or the tenant's response in any way delay
the right to file the eviction after the 3 day period has expired?

3.  Does anyone have any legal authority (i.e. case law, statutes, etc)
which clearly establishes the requirement to add a FDCPA Notice to a 3
Day Notice?

Thanks in advance for all responses.

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 Mon, 7/26/10, Neil B. Shoter <NShoter at shutts.com> wrote:

	From: Neil B. Shoter <NShoter at shutts.com>
	Subject: Re: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA
law
	To: "'RPPTL Landlord Tenant Committee'"
<landten at lists.flabarrpptl.org>
	Date: Monday, July 26, 2010, 9:28 AM

	No doubt, given the newness of this legislation, there will be
"practical" questions and problems that become evident and may lead to
future modifications to the statute.  We can discuss these thoughts at
our upcoming meeting.    Thanks for the input.

 <http://www.shutts.com/shutts100.jpg> 	Neil B. Shoter 
Partner / LEED Accredited Professional  
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________________________________

		From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of
harry at evict.com
		Sent: Sunday, July 25, 2010 2:39 PM
		To: 'RPPTL Landlord Tenant Committee'
		Subject: [RPPTL LandTen] Selected portion of
Condo/Co-Op/HOA law

		For those of you who don't have the time or need to wade
through the entire new statute, I have attached this. 

	Harry Heist 

	LAW OFFICES OF 
	HEIST, WEISSE & DAVIS, P.A.
	PH: 1 800 253 8428
	FAX: 1 800 367 9038
	"Serving the Property Management Professional"
	Website:  www.evict.com <http://www.evict.com/>  
	Email: harry at evict.com
<http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com> 

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	From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Shane Weaver
	Sent: Friday, July 23, 2010 3:55 PM
	To: 'RPPTL Landlord Tenant Committee'
	Subject: [RPPTL LandTen] Two questions about association rent
collection

	Hello, 

	I a couple questions about the new association rent-collection
provisions. 

	First, if a homeowner has an unapproved tenant, is it an
inconsistent legal position to demand the tenant pays rent to the
association? Does an association have to officially recognize the
tenancy before the rent demand can be made? 

	Second, is there any dispute that "future monetary obligations"
limits rent collection to assessments going forward and not to the
past-due balance? 

	The "future monetary obligations" is a disaster-associations
can't recover balances, and the homeowner still gets to keep whatever
rent is left after the monthly assessment is paid. 

	Thank you for your advice, 

	Shane Weaver, Esq. 

	Legal Aid Society of Palm Beach County 

	423 Fern Street, Suite 200 

	West Palm Beach, FL 33401 

	Tel. (561) 822-9785 

	Fax (561) 655-5269 

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