[RPPTL LandTen] CARES and August rent
Jeremy Cranford
JCranford at flaattorney.com
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
____________________________________________
Jeremy T. Cranford, Attorney, LL.M. (Real Estate)
Board Certified Specialist in Real Estate Law
Ward & Ketchersid, P.A.
1241 Airport Rd., Ste. H, Destin, FL 32541
850.837.5507 | Fax: 850.650.9659
jcranford at flaattorney.com<mailto:jcranford at flaattorney.com>
www.flaattorney.com<http://www.flaattorney.com/>
Licensed in Florida & Missouri
____________________________________________
This email message is being sent from an Attorney with the law firm of Ward & Ketchersid, P.A. (the “Firm”) who is likely to be acting on behalf of a client thereof. First and because this email is likely to contain confidential and/or privileged information, please protect the information contained herein from being accessed or accessible by any other person. Second, if you have any reason to believe you should not have received this email message, please inform the Firm immediately and delete/destroy all copies hereof. Third and if you are not presently a client of the Firm, unless this email contains a specific statement that you have become a client of the Firm, (1) do not construe anything within this email message to establish an attorney-client relationship with you and (2) do not disclose any information to the Firm that you would expect the Firm to hold in confidence.
____________________________________________
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.
2224 Ashley Oaks Circle, Suite 101
Wesley Chapel, FL 33544
Phone: (727) 386-9654 Fax: (813) 482-9492
www.JenniferAGarner.com<http://www.jenniferagarner.com/>
<image001.png>
THIS LAW FIRM IS ENGAGED IN THE COLLECTION OF DEBTS FOR ITS CLIENTS. PLEASE NOTE THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
CONFIDENTIALITY NOTICE:
This electronic mail transmission is intended only for the review of the party or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this communication is strictly prohibited without our prior written permission. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient or if you have received this transmission in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Unintended transmission shall not constitute waiver of the attorney-client privilege or any other privilege recognized by law.
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
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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.evict.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=GkeHNC8oNbYtVQqJpoZOE_OG2kTkrbT7XJGTK_y4Y4U&m=mXbFlCwCn-7vKcWW5deDfGZxz-ILuckLcqEmeDqA_mE&s=ED12eqCHX59XlD8EQSbQrVKPvgthlyHBYh1QwX-FnlA&e=>
Email: harry at evict.com<mailto:harry at evict.com>
<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.facebook.com_pages_Heist-2DWeisse-2DWolk-2DPA_343965575625870&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=GkeHNC8oNbYtVQqJpoZOE_OG2kTkrbT7XJGTK_y4Y4U&m=mXbFlCwCn-7vKcWW5deDfGZxz-ILuckLcqEmeDqA_mE&s=otrkpzM_oVEOM6O8ovN8T5jhRgkzUB0zPDpUzm8_iCI&e=>
<image004.png><https://urldefense.proofpoint.com/v2/url?u=https-3A__www.facebook.com_pages_Heist-2DWeisse-2DWolk-2DPA_343965575625870&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=GkeHNC8oNbYtVQqJpoZOE_OG2kTkrbT7XJGTK_y4Y4U&m=mXbFlCwCn-7vKcWW5deDfGZxz-ILuckLcqEmeDqA_mE&s=otrkpzM_oVEOM6O8ovN8T5jhRgkzUB0zPDpUzm8_iCI&e=>
Visit us on Facebook
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
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
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.
** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.
THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
<image005.jpg>
<image006.png>
_________________________________________________________________________________________________________________
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
-------- 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.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.evict.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=GkeHNC8oNbYtVQqJpoZOE_OG2kTkrbT7XJGTK_y4Y4U&m=mXbFlCwCn-7vKcWW5deDfGZxz-ILuckLcqEmeDqA_mE&s=ED12eqCHX59XlD8EQSbQrVKPvgthlyHBYh1QwX-FnlA&e=>
Email: harry at evict.com<mailto:harry at evict.com>
<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.facebook.com_pages_Heist-2DWeisse-2DWolk-2DPA_343965575625870&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=GkeHNC8oNbYtVQqJpoZOE_OG2kTkrbT7XJGTK_y4Y4U&m=mXbFlCwCn-7vKcWW5deDfGZxz-ILuckLcqEmeDqA_mE&s=otrkpzM_oVEOM6O8ovN8T5jhRgkzUB0zPDpUzm8_iCI&e=>
<image004.png><https://urldefense.proofpoint.com/v2/url?u=https-3A__www.facebook.com_pages_Heist-2DWeisse-2DWolk-2DPA_343965575625870&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=GkeHNC8oNbYtVQqJpoZOE_OG2kTkrbT7XJGTK_y4Y4U&m=mXbFlCwCn-7vKcWW5deDfGZxz-ILuckLcqEmeDqA_mE&s=otrkpzM_oVEOM6O8ovN8T5jhRgkzUB0zPDpUzm8_iCI&e=>
Visit us on Facebook
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
________________________________
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten<https://urldefense.proofpoint.com/v2/url?u=http-3A__mailman.fsr.com_mailman_listinfo_landten&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=GkeHNC8oNbYtVQqJpoZOE_OG2kTkrbT7XJGTK_y4Y4U&m=mXbFlCwCn-7vKcWW5deDfGZxz-ILuckLcqEmeDqA_mE&s=qoSQJcGtnfbdo5isIPRYPaTQlTkNZrXLPv-iEVcvvyE&e=>
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200724/34f1b551/attachment-0001.html>
More information about the landten
mailing list