[RPPTL LandTen] Requirement for 3-day Notice

Mon Sep 5 06:22:13 PDT 2011

Thanks Manny.

On some further research, I believe I found my answer.

I am just filing one massive document - Answer, Affirmative Defenses, MTD
and Motion to Determine Rent.  I figure better safe than sorry.

If anyone disagrees, please let me know.

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

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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice

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>
<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
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Pursuant to Internal Revenue Service guidance, be advised that any federal
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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.

From:
landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpp
tl.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.flabarrpp
tl.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
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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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