[RPPTL LandTen] Requirement for 3-day Notice

Law Offices of Scott A. Frank sfrank at saflaw.com
Thu Aug 25 14:29:13 PDT 2011


Folks - quick residential question (from this commercial attorney) on the
need for a new 3-day notice to quit where there is a partial rent payment
accepted between the date of the original notice and the date the complaint
is filed.

 

Specifically - Tenant withheld part of July rent due to repairs and a demand
from the association (LL had been previously notified of need for repairs,
and tenant did in fact send invoices and itemization of deductions).
Landlord then sent a 3-day notice.  Then in August, tenant again withheld
part of rent and made a partial payment.  Next correspondence from the
landlord was the Complaint - no new 3-day notice.

 

So again the question is whether the lack of the new 3-day notice after
acceptance of partial rent precludes the eviction?

 

Any and all thoughts, ideas, etc. are most welcome.

 

Thanks.

 

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p:  (561) 372-7860

f:  (561) 423-5721 

 <mailto:sfrank at saflaw.com> sfrank at saflaw.com

 <http://www.saflaw.com/> www.saflaw.com

 

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