[RPPTL LandTen] Three Day Notices - Legal or not?

Sat Apr 4 17:50:18 PDT 2020

I feel you are going farther than simply making a demand to pay or surrender
but you can't make them surrender.

You are giving them a deadline and the consequences. 

How do you even calculate the Three Days, when, if the courts are closed,
that could be construed as a court observed legal holiday? Every year we
call each clerk for their holidays. Some are different. Court closed is kind
of a court observed legal holiday.

Here is what our typical Three Day says:

YOU ARE HEREBY NOTIFIED THAT YOU ARE INDEBTED TO US IN THE SUM OF:

$___________________________________________________________________________
______________

FOR THE RENT AND USE OF THE ABOVE REFERENCED PREMISES IN  xxx COUNTY,
FLORIDA, NOW OCCUPIED BY YOU AND THAT WE DEMAND PAYMENT OF SAID RENT OR THAT
YOU SURRENDER POSSESSION OF THE SAID PREMISES WITHIN THREE (3) DAYS
(EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS) FROM THE DATE OF DELIVERY
OF THIS NOTICE: 

ON OR BEFORE THE __________ DAY OF ___________________________________,
20______.

YOUR FAILURE TO COMPLY WITH THIS NOTICE MAY RESULT IN EVICTION PROCEEDINGS
BEING INSTITUTED AGAINST YOU PURSUANT TO CHAPTER 83 FLORIDA STATUTES.  

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 Eric Jacobs
Sent: Saturday, April 04, 2020 7:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I don't agree.  You are not threatening but making a demand which you are
not prohibited from doing.  

Eric 

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From: landten-bounces at lists.flabarrpptl.org
<landten-bounces at lists.flabarrpptl.org> on behalf of Cary P. Sabol, Esq.
<csabol at sabollaw.com>
Sent: Saturday, April 4, 2020 7:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not? 

I would agree with Harry and is what I've been advising.   

Cary

Cary P. Sabol, Esq. J.D. (2001), LLM (2009)

Law Offices of Cary P. Sabol 

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THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA
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-------- Original Message --------
Subject: [RPPTL LandTen] Three Day Notices - Legal or not?
From: "Harry Heist" < <mailto:harry at evict.com> harry at evict.com>
Date: Sat, April 04, 2020 2:57 pm
To: "'RPPTL Landlord Tenant Committee'" <
<mailto:landten at lists.flabarrpptl.org> landten at lists.flabarrpptl.org>

I am really feeling a normal Three Day Notice which says pay or vacate is
not legal on "covered" properties.

How can you threaten someone with something you can't do by law?

Wouldn't this be like a debt collector threatening a lawsuit on a debt where
the statute of limitations has run?

What say the group?

Leonard?

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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