[RPPTL LandTen] Residential 3 day and 15 day notices together

[Alberto Cardet]

If your eviction / possession count is based on the 3-day notice then the
tenancy was terminated pursuant to the 3-day notice, I don't know that you
would be entitled to the double rent as a holdover, even if you waint until
the next rental period.  If you plan on waiting for the next rental period
anyway, in order to make the claim for double rent I would just use the
15-day notice to avoid any confusion defense

I have used the two notices together for landlords that want possession no
matter what, landlord serves 3-day notice and hopes tenant does not pay so
that eviction can start right away, and also serves a 15-day notice just in
case payment is made,

Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783

On Thu, Mar 17, 2016 at 3:02 PM, Lainie Simon <ljsimon1 at comcast.net> wrote:

> Mine usually do not do them together for that reason.
> Note that the 15 day is not a real 15 day.  It is 15 days prior to the
> next time rent is due.  So for March, the ship has sailed.
>
> 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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> On Mar 17, 2016, at 12:46 AM, Mike Davis <mike at mgfdlaw.com> wrote:
>
> Pat
> The Notices aren't mutually exclusive.  I think it's the smart move by any
> landlord to serve a 3day.  Maybe he gets paid.  Then before the 15 day
> notice period to serve the non-renewal. Serving them together just insures
> no rent payment.  My clients don't see trading a chance at current rent to
> include it in a judgment as a good trade.
>
> Either way he can file a 2-count complaint.
>
> Sent from my iPhone
>
> On Mar 16, 2016, at 10:41 PM, "pat at hoganlegalservices.com" <
> pat at hoganlegalservices.com> wrote:
>
> Landlord wants to give simultaneous 3 day and a 15 day notices, and then
> wait to file for the eviction in the next month to try and get double rent
> (In other words a complaint for an eviction based on violation of 3-day
> notice in Count I, but a damages Count II based on double rent (83.58) from
> the refusal to get out at end of the month).
>
> Any/All thoughts appreciated.
>
> Thank you.
>
>
>
> Patrick T. Hogan, Esq.
> Hogan Legal Services, P.A.
> Pat at HoganLegalServices.com
>
>
>
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