[RPPTL LandTen] Defective 3-Day Notice

[Brenda Ezell]

Good afternoon everyone.  Shawn Brown has presented the following scenario on behalf of a subcommittee of the Real Property Litigation Committee and would like the Landlord Tenant committee's feedback:

The issue deals with the 3-day notice and opportunity to cure defective notice.

The question is how the court should handle this if money is in the registry and the 3-day notice is defective.

Does the money get refunded until a new 3-day is done?  If a new 3-day is done, what becomes of the money in the registry?  Does it get applied to the new 3-day notice.  Is a 3-day notice a condition precedent to a suit or an affirmative defense to be raised by a tenant?

It appears that there is a split among judges on this issue.  If an attorney is involved for the tenant and a notice is defective, does that entitle an award of fees?  The comments that I got back was that the prior version of the statute worked and that this amendment to a curable 3-day notice defect was not completely thought out in terms of how courts would implement the law.

Regards,

Brenda B. Ezell
[cid:image003.png at 01D03886.2C8AC750]
3560 Cardinal Point Dr., Ste. 101
Jacksonville, FL 32257
904.432.3200 Tel
904.432.3201 Fax
www.ezellfirmpa.com<http://www.ezellfirmpa.com/>

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