[RPPTL LandTen] LLT: 3-Day Notice

Thu May 16 15:59:56 PDT 2013

You're welcome.  It is the Florida Residential Landlord Tenant Manual by
James C Hauser 2012 available through Lexis.

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

andrew at garofalolaw.net

Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net <http://www.garofalolaw.net/> 

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you.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, May 16, 2013 5:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

Thank you, Andrew.  Can you provide the name and author of the treatise, as
well?

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

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

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  _____  

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Andrew F.
Garofalo
Sent: Thursday, May 16, 2013 5:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

This is a footnote from a treatise discussing this issue.  I have not read
the cases or Shepardized them but these cases are probably what you need.  I
believe they are mostly county court cases from Fla L Weekly Supp.  

Footnote 53.  Hanna v. Freckleton, 11 Fla. L. Weekly Supp. 976d (11th Cir.
App. 2004); Devine v. Morales, 11 Fla. L. Weekly Supp. 356a (Broward County
2004); Chacin v. Engle, 11 Fla. L. Weekly Supp. 845a (Broward County 2004);
Calamaro v. Mitchell, 8 Fla. L. Weekly Supp. 467c (Broward County 2001);
Caputi v. Singletary, 8 Fla. L. Weekly Supp. 125b (Broward County 2000);
Affordable Landmarks, Inc. v. Madiedo, 8 Fla. L. Weekly Supp. 122a (Broward
County 2000); Anacs v. Williams, 5 Fla. L. Weekly Supp. 847 (Fla. Broward
County Ct. 1998); Swan v. Jones, 3 Fla. L. Weekly Supp. 36 (Fla. Manatee
County Ct. 1995); Pappas v. Vaughn, 2 Fla. L. Weekly Supp. 59 (Fla. Broward
County Ct. 1993); Faj-Hein v. Storr, 1 Fla. L. Weekly Supp. 572 (Fla.
Broward County Ct. 1993);  Lawson v. Alverez, 46 Fla. Supp. 2d 94 (Fla.
Manatee County Ct. 1990) ;  New Citrus Park Apts. v. Jackson, 38 Fla. Supp.
2d 191 (Fla. Broward County Ct. 1990) ;  Hoche v. Berry, 5 Fla. Supp. 2d 110
(Fla. Orange County Ct. 1993) ;  Barcelona W. v. Ellis, 4 Fla. Supp. 2d 71
(Fla. Orange County Ct. 1981) . See also Pearson v. Sims, 1 Fla. L. Weekly
Supp. 408 (Fla. Broward County Ct. 1993), which held that a notice was
defective when it demanded first and last month's rent plus a security
deposit. 

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

andrew at garofalolaw.net

Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net <http://www.garofalolaw.net/> 

The information in this communication (including any attachments) is
privileged and confidential.  If you are not the intended recipient, nor the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any dissemination or copying of this
communication (including any attachments) is strictly prohibited.  If you
have received this communication in error, please notify the sender.  Thank
you.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, May 16, 2013 4:32 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] LLT: 3-Day Notice

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

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

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