[RPPTL LandTen] LLT: 3-Day Notice

[Lainie J. Simon]

Please keep us updated on this.  I feel for your!  Especially when you explained to your client.


On May 16, 2013, at 4:31 PM, Joseph Alexander wrote:

> 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
>  
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Lainie J. Simon, Esq. 
185 NW Spanish River Boulevard 
Suite 220 
Boca Raton, FL  33431 
561.445.1361 
561.997.6224(fax) 

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Ê 


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