[RPPTL LandTen] Out of county office payment case

Wed Feb 12 06:23:23 PST 2020

Both cases hold that if the office/place of payment is in a county other than the property county, 5 additional days must be added.     

While they may not be binding, they have been used by the tenant representing attorneys successfully.  Attached is the text of Zikra v. Rogers.

Possibly someone can pull up 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.    We cancelled our FLW subscription a while back.

We litigated one years ago where the office was only 5 miles away but in a different county and were successful in having the judge ignore these 2 cases which were put forth by legal aid attorneys.

If rent is to be paid by mail or to a PO Box, it is clear that the 5 day add must be in place but this issue focused on the “county” thing. 

When a judge wants an “out” for an eviction, they often will buy into the FLW cases. We have never appealed a case. Just not worth the time and effort. 

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:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Deborah Marks
Sent: Tuesday, February 11, 2020 10:26 PM
To: RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tennant Committee
Subject: Re: [RPPTL LandTen] Out of county office payment case

Amendment to prior answer:

The cases deal with where the place you need to deliver the payment to is in a different county than the property. In that case the analysis is that you would need to mail the payment and, as such, you have to add 5 days. Those two trial court cases appear to be the only cases but they are in a bar journal article. They are not binding.

Deborah Marks

Deborah Marks, PLLC

18495 South Dixie Highway

Suite 134

Miami, FL 33157

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:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 

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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:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 

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