[RPPTL LandTen] Requirement for 3-day Notice

[Manuel Farach]

Scott
I'm out of the office, but my understanding is that motions are permissible in Summary Procedure actions under recent case law. You do, however, have to pay the demanded rent into the Registry unless a Motion to Determine Rent is filed and decided
Manny

Sent from my iPhone

On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank" <sfrank at saflaw.com<mailto:sfrank at saflaw.com>> wrote:

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
<mailto:sfrank at saflaw.com>sfrank at saflaw.com<mailto:sfrank at saflaw.com>
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From: landten-bounces at lists.flabarrpptl.org<mailto: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> [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
<mailto:sfrank at saflaw.com>sfrank at saflaw.com<mailto:sfrank at saflaw.com>
<http://www.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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