[RPPTL LandTen] Requirement for 3-day Notice

[Manuel Farach]

Yes, good idea
Don't forget to deposit the rent otherwise the motion/pleading will be struck 

Sent from my iPhone

On Sep 5, 2011, at 9:20 AM, "Law Offices of Scott A. Frank" <sfrank at saflaw.com> wrote:

> 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
>  
> If you believe that you have received this message in error, please notify
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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
> 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.
> 
> 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
> 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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