[RPPTL LandTen] Requirement for 3-day Notice [Scanned]

[Phyllis Harley]

Was the August partial payment of rent to landlord due to the tenant
paying part of rent to the association per demand?  If yes, then tenant
has defense against eviction by landlord per 720.3085(8)(a) OR
718.116(11)(a):   "A tenant is immune from any claim by the parcel owner
related to the rent timely paid to the association after the association
has made written demand." 

 

The acceptance by landlord of partial payment after posting 3-day notice
would be a defense for tenant.  This is why landlords usually reject
partial payments of rent after 3-day notice was posted and only accept
full payments.  FS 83.56(5) If the landlord accepts rent with actual
knowledge of a noncompliance by the tenant or accepts performance by the
tenant of any other provision of the rental agreement that is at
variance with its provisions, or if the tenant pays rent with actual
knowledge of a noncompliance by the landlord or accepts performance by
the landlord of any other provision of the rental agreement that is at
variance with its provisions, the landlord or tenant waives his or her
right to terminate the rental agreement or to bring a civil action for
that noncompliance, but not for any subsequent or continuing
noncompliance.

 

 

Sincerely,

 

Phyllis Harley, Esquire

Harley Law Offices, P.A.

4417 13th Street, #177

Saint Cloud, FL  34769

321.766.6024

www.harleylawoffices.com

 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices
of Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice [Scanned]

 

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 

sfrank at saflaw.com

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

 

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