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

Thu Mar 17 13:54:28 PDT 2016

Alberto Cardet, I like your suggestion. Is there any case cite for your first paragraph?

Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat at HoganLegalServices.com

-------- Original message --------
From: Alberto Cardet <alcardet at gmail.com>
Date:03/17/2016 4:02 PM (GMT-05:00)
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Residential 3 day and 15 day notices together

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<mailto: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<tel:561.445.1361>
561.997.6224<tel:561.997.6224>(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Mar 17, 2016, at 12:46 AM, Mike Davis <mike at mgfdlaw.com<mailto: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<mailto:pat at hoganlegalservices.com>" <pat at hoganlegalservices.com<mailto: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<mailto:Pat at HoganLegalServices.com>

_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten

_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20160317/a8830b7c/attachment.html>