[RPPTL LandTen] 3 Day Notice & the FDCPA

Mon Jul 26 07:15:35 PDT 2010

It is clear that it does not apply to commercial.

There is an FTC opinion/ruling whatever, that explains that it does not apply if the person is acting in the "agency"/employee  capacity collecting current debts that accrued while the person as acting in this capacity.  I will try to dig it up.

Examples:

1. Property manager is hired and gives 3 Day Notice for  rent that built up BEFORE  he became the property manager. FDCPA would apply.

2. Attorney prepares 3 day demanding rent is paid to attorney. FDCPA applies.

3. Original creditor (property owner) gives 3 Day, of course it does not apply.

This has been an issue of concern for me for many year and it would be nice if it was completely clarified.  The problem with putting the validation wording on the 3 day brings up a number of issues. Ambiguity - when is the rent due? Does asking for validation toll everything? Can we proceed with an eviction within the 30 days? The fact that the 3 Day is statutory or a statutory prerequisite does not have any bearing on FDCPA applicability although I think it should. 

Harry  

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

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, July 26, 2010 9:54 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] 3 Day Notice & the FDCPA

Sorry, I should have clarified that this is in the context of residential tenancies.

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416 

Phone: (561) 281-2744

Fax:    (561) 697-4805

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. 

--- On Mon, 7/26/10, Drobner, David S. <ddrobner at carltonfields.com> wrote:

From: Drobner, David S. <ddrobner at carltonfields.com>
Subject: Re: [RPPTL LandTen] 3 Day Notice & the FDCPA
To: "RPPTL Landlord Tenant Committee" <landten at lists.flabarrpptl.org>
Date: Monday, July 26, 2010, 9:49 AM

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

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. 

--- 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  

  _____  

Shutts & Bowen LLP 
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 
Direct: (561) 650-8535 | Fax: (561) 822-5525
 <http://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com> E-Mail |  <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |  <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  <http://www.shutts.com/> Website

  _____  

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> 

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. 

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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