[RPPTL LandTen] Requirement for 3-day Notice

Fri Aug 26 06:50:54 PDT 2011

I agree with Cary, Judges in Miami-Dade will also dismiss, but not always award attorneys’ fees as fees are not mandatory

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, August 26, 2011 8:17 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice

My opinion is that your 3 day notice becomes defective once any payment is accepted.  Our Judges in PBC will not hesitate to dismiss an eviction on those grounds and award atty fees to the tenant.  I would suggest you voluntarily dismiss the case before the tenant incurs legal fees and re-serve a new 3 day and start the process over again.  

Cary 

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416 

Phone: (561) 281-2744

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From: Law Offices of Scott A. Frank <sfrank at saflaw.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Sent: Thursday, August 25, 2011 5:29 PM
Subject: [RPPTL LandTen] Requirement for 3-day Notice

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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