[RPPTL LandTen] Out of county office payment case

[Deborah Marks]

I don’t have access to those non binding trial court cases, but my guess is that the actual dispositive issue is that service was by mail not hand delivery and you always get an extra 5 days for service by mail (and it can’t end on a weekend, holiday or one of the holidays enumerated in the statute which includes some weird ones.) there is no statutory support for making the issue be where the management office is. If hand delivered it is a 3 day letter, but if mailed you add those 5 days even if it is to the property address.

Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400

Sent from my iPad

> On Feb 11, 2020, at 7:49 PM, Harry Heist <harry at evict.com> wrote:
> 
> 
> I think we found them, feel free to add to the list if you know of more.
>  
> These hold that if the property management office is in a county different than the property county, you must add 5 days to the 3 Day.
>  
> Bet some of you did not know that obscure eviction defense!
>  
> Harry
>  
> Zikra v. Rogers, 21 Fla. L. Weekly Supp. 74a (Fla. Lake County Ct. 2013)
>  
> NGUYEN vs. BROWN, County Court, 3rd Judicial Circuit in and for Columbia County, Civil Division. Case No. 08-442-CC. April 15, 2008. 15 Fla. L. Weekly Supp. 710a. 
>  
>  
> LAW OFFICES OF 
> HEIST, WEISSE & WOLK P.A.
> PH: 1 800 253 8428
> FAX: 1 800 367 9038
> "Serving the Property Management Professional"
> Website:  www.evict.com 
> Email: harry at evict.com
> <image004.png>
> 
> Visit us on Facebook
>  
>  
> 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: Harry Heist [mailto:harry at evict.com] 
> Sent: Tuesday, February 11, 2020 6:07 PM
> To: 'RPPTL Landlord Tenant Committee'; 'RPPTL Landlord Tennant Committee'
> Subject: Out of county office payment case
>  
> Does anyone have the case handy where the judge held that if the rent payment office was in a different county than the property county and required the use of an 8 day notice adding 5 days to the 3 days?
>  
> There was one case that we won years ago because the judge did not buy that judge’s holding but there is a case out there that held that 5 days had to be added.
>  
> I am scouring my computer but can’t find it.
>  
> Thanks.
>  
> 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:  www.evict.com 
> Email: harry at evict.com
> <image003.png>
> 
> Visit us on Facebook
>  
>  
> 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.
>  
>  
>  
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