[RPPTL LandTen] LLT: 3-Day Notice

[Joseph Alexander]

Dear Group:

 

I have encountered a problem in the County Court of Citrus County.  

In short, my client drafted and issued a 3-Day Notice prior to retaining
me.  Upon reviewing the 3-Day Notice I saw that the client had included
Late Fees as part of the past-due "rent".  I reviewed the Lease and it
did include language that deemed late fees as "rent".  Accordingly, I
informed the client that we could proceed with the action for eviction
using her 3-Day Notice.

I filed the Complaint with Citrus County, and immediately received an
Administrative Order indicating that if there is any non-compliance with
the Complaint or evidence at the time of the Final Judgment that the
Court could dismiss the action.  I reviewed my Complaint and exhibits
again, and determined that everything was in order.  I obtained a
Default (as to Possession) and proceeded with the Motion for Final
Judgment (Possession).  After a week or so, I received an Order of
Dismissal executed by the Judge, generally citing the Administrative
Order, Rules of Procedure and Florida Statute, but making no specific
identification of failures or deficiencies.

Upon talking to the JA I was able to "guess" that the defect was, in
fact, the 3-Day Notice including late fees.  I filed a Motion for
Rehearing, citing the Lease provision defining Late Fees as "Rent" and
the 4 references in the Complaint as to the inclusion of Late Fees as
"Rent", together with Section 83.43(6), FS, expecting the Judge to just
execute the Order vacating the Dismissal.  However, I was notified today
that the Judge is not going to sign the Order Vacating the Dismissal,
and that the matter will be set for hearing on June 4, and that the
Judge has sent the case to the Staff Attorney for research on the issue
of inclusion of Late Fees in the 3-Day Notice.

Ignoring the fact that both counts have been dismissed without any
notification of a specific failure, and ignoring the fact that the lease
will have expired by the time the hearing occurs, I am looking for any
case law on the late fees in the 3-Day Notice issue.  

I Have always just relied on 83.43(6), FS and have never had any
problems provided that the Lease defined the Late Fees (or anything
else) as "Rent".

I would really appreciate any case law on the matter, as I don't see
anything other than secondary sources.

That thud you hear is my head hitting my desk.

 

Thank you,                          P Think before you print.

 

Joseph N. Alexander | Partner

POTTER CLEMENT BERGHOLTZ ALEXANDER

308 East Fifth Avenue

Mount Dora, Florida 32757

Phone:  352.383.4186

Fax:       352.383.0087

jnalexander at pcld-law.com <BLOCKED::mailto:jnalexander at pcld-law.com> 

 

This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and
confidential.  If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination of this
communication is strictly prohibited.  If you have received this e-mail
in error, please notify us immediately by replying to this e-mail
message or by telephone and delete this message and any attachments from
your system.  Thank you.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20130516/fdb797af/attachment.html>