[RPPTL LandTen] Requirement for 3-day Notice

[Law Offices of Scott A. Frank]

Leonard:

 

Thank you again for your assistance.  And I know it's Labor Day, but I'm
hoping you're reading e-mails for a very quick question (I have to file
something on behalf of the defendant tomorrow).

 

In the residential eviction, can I file a Motion to Dismiss without filing
the Answer or Motion to Determine Rent Paid into Registry, or do I file
everything together?

 

Basically, I have three options:

(i) File Motion to Dismiss only;

(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or

(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss
would instead be Affirmative Defenses in my Answer.

 

Please advise if you can.

 

Thanks again.

 

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/> 

 

If you believe that you have received this message in error, please notify
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Pursuant to Internal Revenue Service guidance, be advised that any federal
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice

 

Scott:

Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless the
lease describes any charges "as rent". 

 

I just had a Default Final Judgment vacated and a Writ of Possession quashed
and complaint dismissed because the landlord accepted rent 3X after
complaint filed. 

 

  _____  

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

 

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/> 

 

If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

 

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