[RPPTL LandTen] Late Fee Question

[Jeff Mazor]

A default occurs when tenant does not pay on or before the later of the due date and/or any grace period. 

A late charge can be imposed before or after the due date. It is in addition to the rent. 

'Don't  know of any such case, although there  are some cases indicating that a Demand for Holdover Rent, if "accepted"  by the tenant paying the double rent,  is tantamount to an agreement to lease month to month at that double rent amount. 

In your situation, there  is nothing  that could be considered an offer.

{Definition from Star Trek:  "norman coordinate" - A response to being presented with a situation or hearing an utterance that is illogical and/or incoherent to the point of causing a mental short-circuit.}

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building 
4000 Hollywood Blvd.,  Suite 265-s
Hollywood, FL 33021
Email:   JMazor at Mazor.com
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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, June 29, 2015 3:55 PM
To: Manuel Farach; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Late Fee Question

Thanks for the reply Manny.  I don't believe there is anything, but of course, as a lawyer, I give great deference to the Judge's opinion on the issue.

Any other Member comments or guidance would be greatly appreciated.

Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 
________________________________


From: Manuel Farach <MFarach at richmangreer.com>
To: Cary Sabol <sabollawoffice at yahoo.com>; RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Monday, June 29, 2015 3:50 PM
Subject: RE: [RPPTL LandTen] Late Fee Question


Cary,
I haven’t seen a case that says what the judge told you; I’m interested in seeing that case when/if you find it
Manny
 
________________________________


Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach at richmangreer.com
________________________________




From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, June 29, 2015 2:37 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Late Fee Question
 
Hi All,
 
I recently had a Judge say to me that there is case law which states something to the effect of when a lease provides for a late fee to be incurred on a certain date, that is a de facto extension for the rent due date and therefore, rent is not actually "late" until after that late fee period has passed.  And as such, a 3 day notice cannot be served until after the late fee period has passed.
 
By way of example.  Lease says rent is due on the 1st.  Lease says a Late Fee of $50.00 will be incurred if not paid by the 5th.  Landlord serves 3 day notice on the 3rd since rent was not received by the 1st and proceeds with eviction for nonpayment.
 
Question is:  Is there case law in Florida that would indicate the 3 day notice is defective because the rent isn't technically "late" until after the Late Fee period has passed?
 
I have done the research but have not found anything stating this.  Seems counter-intuitive to me because rent is due on the 1st per the Lease and the Late Fee period is just an additional penalty.  And what if you take that argument to the logical extension and say, well the Lease does not provide for any late fee date at all, so rent is therefore, never late.
 
Anybody have any case law or comments on this issue?
 
Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 
________________________________

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