Empathy List Archives

JM

Jeffrey Mazor

Fri, Jun 18, 2010 7:48 PM

This is a brain teaser and I hope someone can help. I started my written
lease-based commercial action for possession with a standard Three Day
Notice. Final Hearing won't be for months and in the meanwhile, the defense
has denied the lease and implied that the tenant is in possession pursuant
to a verbal month to month rental agreement.

To protect against the possibility of my Three Day Notice being ruled
defective under a verbal rental agreement, I would like to deliver a 15-Day
Notice of Termination which I would want to rely upon if the Court accepted
the verbal rental agreement argument. However, I am concerned about the
general rule that a second notice will wipe out an earlier notice.

Possible solutions?

    Would some kind of conditional-language Notice of Termination

work? It might say something like "This Notice supplements but does not
replace the Notice to Pay or Vacate previously delivered to the tenant, and
shall be effective only if the court rules that the Notice to Pay or Vacate
is ineffective."

    I could file a Motion asking for an order granting leave to

deliver a Notice of Termination and finding that it will not supersede the
Notice to Pay or Vacate. At that hearing, hopefully, the court would force
tenant's counsel to commit to one position or the other.

I would appreciate any input or thoughts you may have.

Very truly yours,

Jeffrey R. Mazor, Esq.

This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice. Final Hearing won't be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement. To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument. However, I am concerned about the general rule that a second notice will wipe out an earlier notice. Possible solutions? 1. Would some kind of conditional-language Notice of Termination work? It might say something like "This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective." 2. I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant's counsel to commit to one position or the other. I would appreciate any input or thoughts you may have. Very truly yours, Jeffrey R. Mazor, Esq.

CS

Cary Sabol

Fri, Jun 18, 2010 8:11 PM

It is my opinion that the same 3 day notice is effective even for an oral tenancy. 3 day notices are effective under all forms of rental agreements, whether written or verbal. Also, I don't believe sending a 15 day Notice of Termination would supersede or undermine your 3 day. You are correct that sending a second 3 day notice would void and supersede the original 3 day notice, but that is not the case you are describing. I have often delivered both a 3 day and 15 day, but filed suit under the 3 day and have never had any problems with one affecting the other. Essentially they are separate matters and separate causes of action.

I would send the 15 day Notice for the purpose of creating separate grounds for eviction if, for some reason, you lose on the eviction pursuant to the 3 day Notice. Hope that helps.

Cary Sabol

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 697-4805

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

--- On Fri, 6/18/10, Jeffrey Mazor jmazor@mazor.com wrote:

From: Jeffrey Mazor jmazor@mazor.com
Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee
To: landten@lists.flabarrpptl.org
Date: Friday, June 18, 2010, 3:48 PM

This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice. Final Hearing won’t be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement.

To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument. However, I am concerned about the general rule that a second notice will wipe out an earlier notice.

Possible solutions?

1. Would some kind of conditional-language Notice of Termination work? It might say something like “This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective.”

2. I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant’s counsel to commit to one position or the other.

I would appreciate any input or thoughts you may have.

Very truly yours,

Jeffrey R. Mazor, Esq.

-----Inline Attachment Follows-----

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

It is my opinion that the same 3 day notice is effective even for an oral tenancy. 3 day notices are effective under all forms of rental agreements, whether written or verbal. Also, I don't believe sending a 15 day Notice of Termination would supersede or undermine your 3 day. You are correct that sending a second 3 day notice would void and supersede the original 3 day notice, but that is not the case you are describing. I have often delivered both a 3 day and 15 day, but filed suit under the 3 day and have never had any problems with one affecting the other. Essentially they are separate matters and separate causes of action. I would send the 15 day Notice for the purpose of creating separate grounds for eviction if, for some reason, you lose on the eviction pursuant to the 3 day Notice. Hope that helps. Cary Sabol Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Fax: (561) 697-4805 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. --- On Fri, 6/18/10, Jeffrey Mazor <jmazor@mazor.com> wrote: From: Jeffrey Mazor <jmazor@mazor.com> Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee To: landten@lists.flabarrpptl.org Date: Friday, June 18, 2010, 3:48 PM This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice. Final Hearing won’t be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement. To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument. However, I am concerned about the general rule that a second notice will wipe out an earlier notice. Possible solutions? 1. Would some kind of conditional-language Notice of Termination work? It might say something like “This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective.” 2. I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant’s counsel to commit to one position or the other. I would appreciate any input or thoughts you may have. Very truly yours, Jeffrey R. Mazor, Esq. -----Inline Attachment Follows----- _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

H

harry (at) evict.com

Fri, Jun 18, 2010 8:20 PM

I don’t do commercial but I agree that the 15 Day Termination Notice/nonrenewal will not mess anything up. I would advise this in a residential case if necessary. Just 2 cents from a purely residential guy.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, 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

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@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, June 18, 2010 4:12 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee

It is my opinion that the same 3 day notice is effective even for an oral tenancy. 3 day notices are effective under all forms of rental agreements, whether written or verbal. Also, I don't believe sending a 15 day Notice of Termination would supersede or undermine your 3 day. You are correct that sending a second 3 day notice would void and supersede the original 3 day notice, but that is not the case you are describing. I have often delivered both a 3 day and 15 day, but filed suit under the 3 day and have never had any problems with one affecting the other. Essentially they are separate matters and separate causes of action.

I would send the 15 day Notice for the purpose of creating separate grounds for eviction if, for some reason, you lose on the eviction pursuant to the 3 day Notice. Hope that helps.

Cary Sabol

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Fax: (561) 697-4805

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

--- On Fri, 6/18/10, Jeffrey Mazor jmazor@mazor.com wrote:

From: Jeffrey Mazor jmazor@mazor.com
Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee
To: landten@lists.flabarrpptl.org
Date: Friday, June 18, 2010, 3:48 PM

This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice. Final Hearing won’t be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement.

To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument. However, I am concerned about the general rule that a second notice will wipe out an earlier notice.

Possible solutions?

    Would some kind of conditional-language Notice of Termination work?  It might say something like “This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective.”

    I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant’s counsel to commit to one position or the other.

I would appreciate any input or thoughts you may have.

Very truly yours,

Jeffrey R. Mazor, Esq.

-----Inline Attachment Follows-----

landten mailing list
http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten http://mailman.fsr.com/mailman/listinfo/landten

I don’t do commercial but I agree that the 15 Day Termination Notice/nonrenewal will not mess anything up. I would advise this in a residential case if necessary. Just 2 cents from a purely residential guy. Harry LAW OFFICES OF HEIST, WEISSE & DAVIS, 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 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@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Friday, June 18, 2010 4:12 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee It is my opinion that the same 3 day notice is effective even for an oral tenancy. 3 day notices are effective under all forms of rental agreements, whether written or verbal. Also, I don't believe sending a 15 day Notice of Termination would supersede or undermine your 3 day. You are correct that sending a second 3 day notice would void and supersede the original 3 day notice, but that is not the case you are describing. I have often delivered both a 3 day and 15 day, but filed suit under the 3 day and have never had any problems with one affecting the other. Essentially they are separate matters and separate causes of action. I would send the 15 day Notice for the purpose of creating separate grounds for eviction if, for some reason, you lose on the eviction pursuant to the 3 day Notice. Hope that helps. Cary Sabol Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Fax: (561) 697-4805 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. --- On Fri, 6/18/10, Jeffrey Mazor <jmazor@mazor.com> wrote: From: Jeffrey Mazor <jmazor@mazor.com> Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee To: landten@lists.flabarrpptl.org Date: Friday, June 18, 2010, 3:48 PM This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice. Final Hearing won’t be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement. To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument. However, I am concerned about the general rule that a second notice will wipe out an earlier notice. Possible solutions? 1. Would some kind of conditional-language Notice of Termination work? It might say something like “This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective.” 2. I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant’s counsel to commit to one position or the other. I would appreciate any input or thoughts you may have. Very truly yours, Jeffrey R. Mazor, Esq. -----Inline Attachment Follows----- _______________________________________________ landten mailing list <http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org> landten@lists.flabarrpptl.org <http://mailman.fsr.com/mailman/listinfo/landten> http://mailman.fsr.com/mailman/listinfo/landten

DW

David Weisman

Fri, Jun 18, 2010 8:28 PM

The notices do not conflict. If the rent is unpaid, you have the right to serve the demand for rent or possession. Even if the rent were paid under the demand, you would still have the right to terminate a month to month tenancy under the 15 day notice. If they claim there is no lease, you should be able to get a faster eviction judgment on the termination notice because there would be no defense. They can't defend that based upon a lease which they just denied!

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Friday, June 18, 2010 3:48 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee

This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice. Final Hearing won't be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement.

To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument. However, I am concerned about the general rule that a second notice will wipe out an earlier notice.

Possible solutions?

    Would some kind of conditional-language Notice of Termination work?  It might say something like "This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective."

    I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant's counsel to commit to one position or the other.

I would appreciate any input or thoughts you may have.

Very truly yours,

Jeffrey R. Mazor, Esq.

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The notices do not conflict. If the rent is unpaid, you have the right to serve the demand for rent or possession. Even if the rent were paid under the demand, you would still have the right to terminate a month to month tenancy under the 15 day notice. If they claim there is no lease, you should be able to get a faster eviction judgment on the termination notice because there would be no defense. They can't defend that based upon a lease which they just denied! David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Friday, June 18, 2010 3:48 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice. Final Hearing won't be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement. To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument. However, I am concerned about the general rule that a second notice will wipe out an earlier notice. Possible solutions? 1. Would some kind of conditional-language Notice of Termination work? It might say something like "This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective." 2. I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant's counsel to commit to one position or the other. I would appreciate any input or thoughts you may have. Very truly yours, Jeffrey R. Mazor, Esq. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

CH

Chuck Hoskin

Fri, Jun 18, 2010 8:48 PM

Jeffrey:

The 15 day notice would be for termination of the tenancy on different grounds and therefore would not conflict with or supersede the three day notice.

The only possible drawback is that the tenant may set up an estoppel argument against you if you try to accelerated future rent under the lease. You would be acknowledging that there is no lease. You would also need to amend your Complaint based upon termination at the end of the term.

Good luck.

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Friday, June 18, 2010 2:48 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee

This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice. Final Hearing won't be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement.

To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument. However, I am concerned about the general rule that a second notice will wipe out an earlier notice.

Possible solutions?

    Would some kind of conditional-language Notice of Termination work?  It might say something like "This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective."

    I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant's counsel to commit to one position or the other.

I would appreciate any input or thoughts you may have.

Very truly yours,

Jeffrey R. Mazor, Esq.

Jeffrey: The 15 day notice would be for termination of the tenancy on different grounds and therefore would not conflict with or supersede the three day notice. The only possible drawback is that the tenant may set up an estoppel argument against you if you try to accelerated future rent under the lease. You would be acknowledging that there is no lease. You would also need to amend your Complaint based upon termination at the end of the term. Good luck. This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you. Charles P. Hoskin Direct Dial: 850-444-3881 Fax: 850-434-7163 ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Friday, June 18, 2010 2:48 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee This is a brain teaser and I hope someone can help. I started my written lease-based commercial action for possession with a standard Three Day Notice. Final Hearing won't be for months and in the meanwhile, the defense has denied the lease and implied that the tenant is in possession pursuant to a verbal month to month rental agreement. To protect against the possibility of my Three Day Notice being ruled defective under a verbal rental agreement, I would like to deliver a 15-Day Notice of Termination which I would want to rely upon if the Court accepted the verbal rental agreement argument. However, I am concerned about the general rule that a second notice will wipe out an earlier notice. Possible solutions? 1. Would some kind of conditional-language Notice of Termination work? It might say something like "This Notice supplements but does not replace the Notice to Pay or Vacate previously delivered to the tenant, and shall be effective only if the court rules that the Notice to Pay or Vacate is ineffective." 2. I could file a Motion asking for an order granting leave to deliver a Notice of Termination and finding that it will not supersede the Notice to Pay or Vacate. At that hearing, hopefully, the court would force tenant's counsel to commit to one position or the other. I would appreciate any input or thoughts you may have. Very truly yours, Jeffrey R. Mazor, Esq.