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

Sun Apr 5 13:03:41 PDT 2020

Group,
As to residential landlord and tenant, the COVID eviction rules are going to create a very big litigation mess. Public housing, subsidized housing and Tax Credit properties all have different limitations and due process requirement which attorneys should challenge in eviction proceedings. Some Courts have considered a 3-day notice an attempt to collect a debt making FS 559,72 applicable. If landlords begin to charge daily late fees, Usury could become an issue (very harsh penalties). Some daily late fees amount to over 300% interest. If not interest, the late fee would be unenforceable liquidated damages. There is a duty to act in good faith that has to be considered also.

Remember, these cases will be heard by County Court judges. They all have their own opinion, bias and prejudices. There is a lack of  appellate opinions so the judges get away with some outrageous opinions. Usually the Courts favor Landlord (if you can't pay get out) but with the COVID epidemic the courts may be more sympathic to tenants. Also remember tenants can't pay attorney fees but Landlords can and attorneys like myself have received contingent fee multiplies of 2.0 and 2.5. I would also pick my judge and challenge every clause in the lease just to get a favorable opinion voiding the entire lease. 90% of every lease have lease provisions that are unconscionable or unconstitutional.

Personally, I see that epidemic as a tenant's attorney's gold mine.

If you need a response in less than 48 hours please call me at the number below.
Leonard P. Cabral, Esq.
Lenslaw at lenslaw.com<mailto:Lenslaw at lenslaw.com>
(407) 324-2200

From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Eric Jacobs
Sent: Sunday, April 05, 2020 3:13 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

Harry

The three day not have consequences It sets forth options  "...payment of said rent or that you surrender possession..."
I believe each Circuit sets forth its "holidays".  If they wanted to expand these days to be considered "holidays" I think they could have done that.  All the 3 day notice sets forth is that the monies are owed (which they are) and that the Tenant should either pay or surrender possession which (to me at least) by definition, means they are to voluntarily give back the property without involving the courts.

While I don't think we could file an action on a "covered property", when the order expires, I would think having served the 3 day (not precluded by the Order),  we could without the need to file a new 3 day notice.

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
Miami Beach, Florida 33139
(954) 929-0679 Telephone
(954) 243-3100 Mobile

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 Harry Heist
Sent: Saturday, April 4, 2020 8:50 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto: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.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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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
Get Outlook for iOS<https://aka.ms/o0ukef>
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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
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
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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

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