[RPPTL Leasing Committee] 3 Day Notice Case

Fri Dec 26 11:05:05 PST 2025

Once a 3-Day Notice has expired and payment has not been made, a landlord’s
right to evict a delinquent tenant has "fully matured" and the landlord has
the right to terminate the tenant's lease and proceed with an eviction
action. §83.56(3), Fla. Stat.; Investment and Income Realty, Inc. vs.
Bently, 480 So.2d 219 (Fla. 5th DCA 1985).

BUT- if they make payment (full or partial) you do need to follow the other
provisions such as putting the $ they sent you in the registry to move
forward.

Deborah Marks, PLLC
11767 S. Dixie Highway
Ste 126
Miami, FL 33156
305-372-9400
deborahmarkslaw at gmail.com

On Fri, Dec 26, 2025 at 1:24 PM csabol sabollaw.com <csabol at sabollaw.com>
wrote:

> Hi All, hope you are enjoying your Holiday.  Unfortunately, as lawyers we
> don't get much of a break.  I had a hearing scheduled for Monday on short
> notice and wanted to if anyone has a case handy.
>
> The issue I'm looking for is that issuance of a 3 Day Notice terminates
> the lease after the 3 day payment deadline, so even if the tenant makes or
> tenders payment after that deadline, the Lease would still be considered
> terminated.  Maybe someone could help?
>
> *Cary Sabol*
> *Cary P. Sabol, Esq. J.D. (2001), LLM (2009)*
> *Licensed in FL & TX*
> *Law Offices of Cary P. Sabol*
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> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> on behalf of
> Eric.Rapkin at akerman.com <Eric.Rapkin at akerman.com>
> *Sent:* Tuesday, August 26, 2025 5:17 PM
> *To:* landten at lists.flabarrpptl.org <landten at lists.flabarrpptl.org>
> *Subject:* Re: [RPPTL Leasing Committee] ADA Litigator
>
>
> Brenda - My colleague Arlene Kline
> <https://www.akerman.com/en/people/arlene-kline.html> is an ADA
> litigator, vCard attached.
>
>
>
> *Eric D. Rapkin*
>
> Chair, Real Estate Practice Group
>
> Akerman LLP | 201 East Las Olas Boulevard, Suite 1800 | Ft. Lauderdale, FL
> 33301
>
> D: 954 759 8962 | C: 305 343 6129
>
> *eric.rapkin at akerman.com <eric.rapkin at akerman.com>*
>
>
>
> vCard <https://www.akerman.com/vcards/165.vcf> | Profile
> <https://www.akerman.com/en/people/eric-rapkin.html>
>
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> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Brenda Ezell
> *Sent:* Tuesday, August 26, 2025 4:57 PM
> *To:* landten at lists.flabarrpptl.org
> *Subject:* [RPPTL Leasing Committee] ADA Litigator
>
>
>
> *[External to Akerman]*
>
>
>
> Hi everyone.  I need a referral for an attorney who handles ADA litigation
> in landlord-tenant cases.
>
>
>
> Thanks!
>
>
>
> Brenda
>
>
>
> Best regards,
>
> Brenda B. Ezell, B.C.S.
>
> [image: BCS]
>
> 12276 San Jose Blvd., Suite #126
>
> Jacksonville, FL 32223
>
> 904.432.3200 (o)
>
> 904-432-3201 (f)
>
> www.ezellfirmpa.com
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