[RPPTL LandTen] Requirement for 3-day Notice

[Leonard Cabral]

Attorney's Fees are assessed under Rule 1.420(d) of the Florida Rules of
Civil Procedure if you voluntarily dismiss the case also and if you
voluntarily dismiss,  the case is stayed until you pay the costs and
attorney fees in the previous case.  

 

  _____  

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto M.
Cardet
Sent: Friday, August 26, 2011 9:51 AM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice

 

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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