[RPPTL LandTen] CARES and August rent

Fri Jul 24 13:46:41 PDT 2020

Dear Colleagues,

This is the problem with statutory forms, they get created with only one circumstance in mind and, as soon as any unusual circumstance arises, they are insufficiently flexible.

The statutory form requirements do, however, say “substantially in the following form” in most cases.

In this case, perhaps (just an idea, no promises or guarantees) one could add the following underlined language into the statutory form “you are indebted to me, without limitation, in the sum of ___ dollars for the rent and use, during the period from ___ to ___, of the premises ____, Florida, now occupied by you . . . .” is sufficiently proximate so as to be “substantially” in the statutory form.

Then, one notice has one period and the other notice has the other period.

I will tell you that I’ve (a few times) run into circumstances where I am sending a 3-day notice for rent under threat of termination (on day 4), a 7-day notice for noncompliance to comply under threat of termination (on day 8 if compliance doesn’t occur), and a 15-day-prior-to-new-rental-month notice of termination (at the moment of the end of the given month).

In those instances, I’ve typically included language in each cross-referencing the others and stating how there are separate notices coming and would, each, reflect different potential terminations and times therefore.

Maybe I did it wrong – but I thought it was the right thing to do.

Sincerely,
Jeremy T. Cranford

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Mike Davis
Sent: Friday, July 24, 2020 3:37 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] CARES and August rent

Wouldn’t implied or actual waiver be a defense any rent due not claimed on a 3Day?  It indicates rent due on that date of $x, and when once paid, tenant gets a 30Day with additional prior rent due.  FCCPA issues - not good faith mistake but intentionally misrepresenting rent due to mislead the tenant/debtor into paying.
Mike Davis
Sent from my iPhone

On Jul 24, 2020, at 1:00 PM, Jennifer Garner <jennifer at jenniferagarner.com<mailto:jennifer at jenniferagarner.com>> wrote:

Couldn’t it be a collection violations by confusing the borrower with two notices at the same time?  It would probably be safer to hold the thirty day notice until they either do or don’t comply with the three day.  If they don’t comply you don’t need the thirty day and if they do comply then you serve them with the 30 day notice.

Jennifer A. Garner, Esq.
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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 Harry Heist
Sent: Friday, July 24, 2020 12:01 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] CARES and August rent

It is a bit concerning to have 2 notices out there with different expiration dates.

I lost a case once where they served the bad check letter and the Three Day at the same time.

End dates conflicted.

Harry

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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 Cary P. Sabol, Esq.
Sent: Friday, July 24, 2020 11:15 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] CARES and August rent

I agree with both of those statements.  I don't see any reason a landlord cannot file an eviction based on rent due for a later month and ignore previous months due.  At this point, by the time you get a hearing, it's likely the 30 day period for the prior months will have expired as well.

Cary
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-------- Original Message --------
Subject: [RPPTL LandTen] CARES and August rent
From: "Harry Heist" <harry at evict.com<mailto:harry at evict.com>>
Date: Fri, July 24, 2020 10:55 am
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Is it the consensus of the group that on CARES properties, August rent is to be put on the normal Three Day Notice and rent July 26 and prior would need to be on a Thirty Day Notice?

If this is the case, suppose a landlord were to put July and June on a Thirty Day and then August is put on a Three Day.   Could we proceed on the Three Day for the August rent with the Thirty Day hanging out there?

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
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