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

Sat Apr 4 18:00:40 PDT 2020

Question for the litigators or bankruptcy lawyers (I'm neither).  Is it feasible that the various orders could be interpreted as the equivalent of a stay, with consequences to parties that violate the stay?  I'm pretty sure you can't send a three-day notice to a tenant that has filed b/k, so would this be comparable, you can't take action to evict, that the notice is the first step to eviction?

Eric D. Rapkin
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Saturday, April 4, 2020 8:50 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

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.
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From: landten-bounces at lists.flabarrpptl.org<mailto: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<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Cary P. Sabol, Esq. <csabol at sabollaw.com<mailto: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
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-------- Original Message --------
Subject: [RPPTL LandTen] Three Day Notices - Legal or not?
From: "Harry Heist" <harry at evict.com<mailto:harry at evict.com>>
Date: Sat, April 04, 2020 2:57 pm
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org<mailto: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

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