[RPPTL LandTen] LLT: 3-Day Notice

Mon May 20 07:41:41 PDT 2013

Harry, 

I feel your frustration and have ran into similar situations, even seen non-lawyers representing people in contested court hearings and some of the Judges in PBC allow it to go on.  Most do not, but a few do.  I have also had clients contact me after a tenant's lawyer filed a Motion to Dismiss and because the 3 Day or other parts of the filings were done improperly by the "document prep service," I couldn't defend against the dismissal which, of course, resulted in taxing of attorneys' fees and costs.  

Maybe there should be a Landlord/Tenant UPL Subcommittee created to investigate and address the problem?
Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

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 From: "Heist, Weisse & Wolk" <harry at evict.com>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Monday, May 20, 2013 10:22 AM
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

They do not just "help others fill out the forms".  They routinely give advice, take charge of it from beginning to end, advertise on the street with impunity as they have no Bar to govern them.

If I got disbarred tomorrow, I could make a good living doing this. I would be under no advertising rules, and I would simply have an attorney on standby to attend court or file the default motion on contested cases.

These document preparers cause public harm and in some cases charge MORE than attorneys.  This guy Martin had the guts to come to a few of my classes, take my materials and solicit business in my classes.

The Florida Bar is more concerned about making ever changing and onerous advertising rules so the public is protected from us.

We have called many of these people up posing as landlords and they tell us how to prepare the Three Day Notices, they prepare the Three Day Notices, they offer to sign them, they offer to sign our name when we say we are out of town,  advise on late charges, explain the eviction process, and attempt to answer any questions we shoot at them.

We don’t bother filing any complaints with the Bar as we have no confidence they will do anything.

http://www.bootyourtenant.com/blog.html

http://www.wtsp.com/news/local/story.aspx?storyid=161051

http://bradentonsarasota.com/node/97671/related_links

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:  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 Andrew F. Garofalo
Sent: Monday, May 20, 2013 10:03 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

I am with you Harry – it should be unlicensed practice of law to fill out those forms whether the matter is contested or not.  Experienced lawyers can easily make errors when it comes to navigating the residential landlord tenant statutes – so I do not see how non-lawyers can be expected to help others fill out eviction forms.  

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
http://www.garofalolaw.net/

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From:landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Monday, May 20, 2013 9:53 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

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:  http://www.evict.com/ 
Email: harry at evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

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,                          PThink 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. 
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