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

[Eric Jacobs]

I would however agree with Jordan that Sec 4024 would preclude the 3 day for applicable properties


Eric A. Jacobs, J.D., M.B.A.
Nexterra Law
Board Certified Real Estate Litigation and Transactional Practice
AV Rated - Martindale Hubbell
1111 Lincoln Road, Suite 801
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(954) 929-0679 Telephone
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Jordan M Brill
Sent: Saturday, April 4, 2020 4:24 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

The federal statute seems to make it clear that you cannot give the three-day notice to a tenant within the next 120 days If it is a covered property.  The three-day notice is, in essence, a termination of the lease and/or demand to vacate when the tenant fails to pay the rent within three days. Because both are unauthorized during the 120-day period for a covered property, giving the notice should be considered a violation of the statute.

I suggest everybody take a careful look at section 4024 of the act.

I am more curious as to whether or not the governor's order applies to all evictions for non-payment or just evictions for non-payments when the tenants can't pay due to covid. there is specific language in the order which indicates that it only applies when the tenants cannot make a payment due to covid.

*sent via mobile phone

Jordan Marcus Brill, Esq.
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On Apr 4, 2020 2:58 PM, Harry Heist <harry at evict.com<mailto:harry at evict.com>> wrote:

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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