[RPPTL LandTen] Requirement for 3-day Notice

[Leonard Cabral]

Scott:
Unfortunately I am reading my e-mail. What ever happened to the 4 day work
week after 60? 

According to Summary Procedure, Chapter 51 and the supporting case law,
motion practice is NOT allowed. You must file an Answer, Affirmative
Defenses, AND a Motion to Dismiss AND Motion to Determine rent (ALL
RESPONSIVE PLEADIGS) Motion to Determine Rent must either allege PAYMENT or
you must document, by exhibits of the amount paid and post the undisputed
amount of $$ into the registry of the Court. The client must pay the rent
into the registry of the Court as it comes due. (September is now due) or a
motion for default for failure to post the rent will result in a default
Final Judgment. 
I have filed affirmative defenses as a motion to dismiss but I hate to
confuse judges and educate them. So I do not do them anymore.  I do put
"based on the above affirmative defenses this case should be dismissed for
failure to state a cause of action, award costs and attorney fees and any
other relief the courts deem necessary and just." 

-----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 9:33 AM
To: RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice

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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