[RPPTL LandTen] Requirement for 3-day Notice

Mon Sep 5 06:33:12 PDT 2011

That should get you there; good luck

Sent from my iPhone

On Sep 5, 2011, at 9:30 AM, "Law Offices of Scott A. Frank" <sfrank at saflaw.com> wrote:

> Thanks.
> 
> We are not paying anything at the filing.  That is what the Motion to
> Determine is for.  Our contention is that nothing is due (tenant paid part
> of rent to association after demand pursuant to 720.3085, deducted part as
> reimbursement of repairs - prior notice was delivered and itemization of
> deductions was provided at time of payment - and paid the remainder to
> landlord).
> 
> 
> 
> 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
> 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.
> 
> 
> -----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 9:23 AM
> To: RPPTL Landlord Tenant Committee
> Cc: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
> 
> 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 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.
>> 
>> 
>> -----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.fla
>> barrpp 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.fla
>> barrpp 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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