[RPPTL Leasing Committee] 3 Day Notice Case

Fri Dec 26 11:39:17 PST 2025

Attached is an older commercial case with a similar holding.

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Fri, Dec 26, 2025 at 2:06 PM Deborah Marks <deborahmarkslaw at gmail.com>
wrote:

> 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*
>> *P.O. Box 15981 | West Palm Beach | Florida | 33416*
>> *Office:  (561) 413-4449*
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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>
>>
>> [image: Akerman Logo] <http://www.akerman.com/>
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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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>>
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