[RPPTL LandTen] LLT: 3-Day Notice

Mon May 20 06:52:46 PDT 2013

Part of the reason for judges to be quick on the trigger is the plethora of
messed up cases prepared by "document preparing companies" using the pro-se
forms that the Florida Bar has so graciously provided to them.

It disgusts me.  

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com <http://www.evict.com/>  
Email: harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lainie J. Simon
Sent: Monday, May 20, 2013 9:47 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

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

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