[RPPTL LandTen] 3 Day Notice & the FDCPA

Mon Jul 26 11:51:12 PDT 2010

Attached are materials I prepared for the Eviction Seminar that we did in 2007.  I updated them for another seminar in May of 2008.  They have not been updated since.  You may want to update the research.  I believe Harry Heist is correct.

Chuck

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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 8:46 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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