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.
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-------- Original Message --------
Subject: [RPPTL LandTen] CARES and August rent
From: "Harry Heist" <harry@evict.com>
Date: Fri, July 24, 2020 10:55 am
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.org>#wmQuoteWrapper /* Font Definitions / @font-face {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4;}
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#wmQuoteWrapper div.WordSection1 {page:WordSection1;}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 Email: harry@evict.com
Visit us on Facebook**
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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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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.
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.
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-------- Original Message --------
Subject: [RPPTL LandTen] CARES and August rent
From: "Harry Heist" < mailto:harry@evict.com harry@evict.com>
Date: Fri, July 24, 2020 10:55 am
To: "'RPPTL Landlord Tenant Committee'" < mailto:landten@lists.flabarrpptl.org landten@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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
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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.comhttp://www.jenniferagarner.com/
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Friday, July 24, 2020 12:01 PM
To: 'RPPTL Landlord Tenant Committee' landten@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.comhttps://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=
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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.
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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@evict.commailto:harry@evict.com>
Date: Fri, July 24, 2020 10:55 am
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.orgmailto:landten@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.comhttps://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@evict.commailto:harry@evict.com
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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@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.comhttp://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:
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Friday, July 24, 2020 12:01 PM
To: 'RPPTL Landlord Tenant Committee' landten@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.comhttps://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=
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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.
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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@evict.commailto:harry@evict.com>
Date: Fri, July 24, 2020 10:55 am
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.orgmailto:landten@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
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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
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Mike Davis
Sent: Friday, July 24, 2020 3:37 PM
To: RPPTL Landlord Tenant Committee landten@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@jenniferagarner.commailto:jennifer@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.comhttp://www.jenniferagarner.com/
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Friday, July 24, 2020 12:01 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@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"
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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
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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.
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-------- Original Message --------
Subject: [RPPTL LandTen] CARES and August rent
From: "Harry Heist" <harry@evict.commailto:harry@evict.com>
Date: Fri, July 24, 2020 10:55 am
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.orgmailto:landten@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.comhttps://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=
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We really have not gotten a consensus yet on August rent. Let’s assume they do not owe July or back.
If a tenant owes August rent only, do they get a 3 Day or a 30 Day?
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Mike Davis
Sent: Friday, July 24, 2020 4:37 PM
To: RPPTL Landlord Tenant Committee
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@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
http://www.jenniferagarner.com/ www.JenniferAGarner.com
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Friday, July 24, 2020 12:01 PM
To: 'RPPTL Landlord Tenant Committee' landten@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: 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= www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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.
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-------- Original Message --------
Subject: [RPPTL LandTen] CARES and August rent
From: "Harry Heist" < mailto:harry@evict.com harry@evict.com>
Date: Fri, July 24, 2020 10:55 am
To: "'RPPTL Landlord Tenant Committee'" < mailto:landten@lists.flabarrpptl.org landten@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: 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= www.evict.com
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