Landlord wants to give simultaneous 3 day and a 15 day notices, and then wait to file for the eviction in the next month to try and get double rent (In other words a complaint for an eviction based on violation of 3-day notice in Count I, but a damages Count II based on double rent (83.58) from the refusal to get out at end of the month). Any/All thoughts appreciated. Thank you. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com<mailto:Pat@HoganLegalServices.com>

Pat The Notices aren't mutually exclusive. I think it's the smart move by any landlord to serve a 3day. Maybe he gets paid. Then before the 15 day notice period to serve the non-renewal. Serving them together just insures no rent payment. My clients don't see trading a chance at current rent to include it in a judgment as a good trade. Either way he can file a 2-count complaint. Sent from my iPhone On Mar 16, 2016, at 10:41 PM, "pat@hoganlegalservices.com<mailto:pat@hoganlegalservices.com>" <pat@hoganlegalservices.com<mailto:pat@hoganlegalservices.com>> wrote: Landlord wants to give simultaneous 3 day and a 15 day notices, and then wait to file for the eviction in the next month to try and get double rent (In other words a complaint for an eviction based on violation of 3-day notice in Count I, but a damages Count II based on double rent (83.58) from the refusal to get out at end of the month). Any/All thoughts appreciated. Thank you. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com<mailto:Pat@HoganLegalServices.com> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

Mine usually do not do them together for that reason. Note that the 15 day is not a real 15 day. It is 15 days prior to the next time rent is due. So for March, the ship has sailed. Lainie J. Simon, Esq. 185 NW Spanish River Boulevard Suite 220 Boca Raton, FL 33431 561.445.1361 561.997.6224(fax) PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use. Ê On Mar 17, 2016, at 12:46 AM, Mike Davis <mike@mgfdlaw.com> wrote: Pat The Notices aren't mutually exclusive. I think it's the smart move by any landlord to serve a 3day. Maybe he gets paid. Then before the 15 day notice period to serve the non-renewal. Serving them together just insures no rent payment. My clients don't see trading a chance at current rent to include it in a judgment as a good trade. Either way he can file a 2-count complaint. Sent from my iPhone On Mar 16, 2016, at 10:41 PM, "pat@hoganlegalservices.com <mailto:pat@hoganlegalservices.com>" <pat@hoganlegalservices.com <mailto:pat@hoganlegalservices.com>> wrote: > Landlord wants to give simultaneous 3 day and a 15 day notices, and then wait to file for the eviction in the next month to try and get double rent (In other words a complaint for an eviction based on violation of 3-day notice in Count I, but a damages Count II based on double rent (83.58) from the refusal to get out at end of the month). > > Any/All thoughts appreciated. > > Thank you. > > > > Patrick T. Hogan, Esq. > Hogan Legal Services, P.A. > Pat@HoganLegalServices.com <mailto:Pat@HoganLegalServices.com> > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> > http://mailman.fsr.com/mailman/listinfo/landten <http://mailman.fsr.com/mailman/listinfo/landten>_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

If your eviction / possession count is based on the 3-day notice then the tenancy was terminated pursuant to the 3-day notice, I don't know that you would be entitled to the double rent as a holdover, even if you waint until the next rental period. If you plan on waiting for the next rental period anyway, in order to make the claim for double rent I would just use the 15-day notice to avoid any confusion defense I have used the two notices together for landlords that want possession no matter what, landlord serves 3-day notice and hopes tenant does not pay so that eviction can start right away, and also serves a 15-day notice just in case payment is made, Cardet Law, P.A. 1330 Coral Way #301 Miami FL 33145 305-403-7783 On Thu, Mar 17, 2016 at 3:02 PM, Lainie Simon <ljsimon1@comcast.net> wrote: > Mine usually do not do them together for that reason. > Note that the 15 day is not a real 15 day. It is 15 days prior to the > next time rent is due. So for March, the ship has sailed. > > Lainie J. Simon, Esq. > 185 NW Spanish River Boulevard > Suite 220 > Boca Raton, FL 33431 > 561.445.1361 > 561.997.6224(fax) > > PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by > the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and > is legally privileged. The contents of this e-mail message > and any attachments are intended solely for the party or parties addressed > and named in this message. This communication and all attachments, if > any, are intended to be and to remain confidential, and it may be > subject to the applicable attorney - client and or work product privileges. > If you are not the intended recipient of this message, or if this message > has been addressed to you in error, please immediately alert the > sender by reply e-mail and then delete this message and its attachments. Do > not deliver, distribute, or copy this message and or any attachments if > you are not the intended recipient. Do not disclose the contents or take > any action in reliance upon the information contained in > this communication or any attachments. Although this E-mail and any > attachments are believed to be free of any virus or other defect that might > affect any computer system into which it is received and opened, it is > the responsibility of the recipient to ensure that it is virus free and > no responsibility is accepted by the sender for damage arising in any > way from its use. > Ê > > > > On Mar 17, 2016, at 12:46 AM, Mike Davis <mike@mgfdlaw.com> wrote: > > Pat > The Notices aren't mutually exclusive. I think it's the smart move by any > landlord to serve a 3day. Maybe he gets paid. Then before the 15 day > notice period to serve the non-renewal. Serving them together just insures > no rent payment. My clients don't see trading a chance at current rent to > include it in a judgment as a good trade. > > Either way he can file a 2-count complaint. > > Sent from my iPhone > > On Mar 16, 2016, at 10:41 PM, "pat@hoganlegalservices.com" < > pat@hoganlegalservices.com> wrote: > > Landlord wants to give simultaneous 3 day and a 15 day notices, and then > wait to file for the eviction in the next month to try and get double rent > (In other words a complaint for an eviction based on violation of 3-day > notice in Count I, but a damages Count II based on double rent (83.58) from > the refusal to get out at end of the month). > > Any/All thoughts appreciated. > > Thank you. > > > > Patrick T. Hogan, Esq. > Hogan Legal Services, P.A. > Pat@HoganLegalServices.com > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >

Thank you to those who commented. When both 3 and 15 day notices are given together, would a landlord get double rent for damages Count II if only the 3 day notice failure to pay is plead in Count I? Do those of you giving tenant both 3 and 15 notices describe both defaults in pleading Count I eviction (when complaint is filed in the next month)? Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com -------- Original message -------- From: Mike Davis <mike@mgfdlaw.com> Date:03/17/2016 12:57 AM (GMT-05:00) To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Residential 3 day and 15 day notices together Pat The Notices aren't mutually exclusive. I think it's the smart move by any landlord to serve a 3day. Maybe he gets paid. Then before the 15 day notice period to serve the non-renewal. Serving them together just insures no rent payment. My clients don't see trading a chance at current rent to include it in a judgment as a good trade. Either way he can file a 2-count complaint. Sent from my iPhone On Mar 16, 2016, at 10:41 PM, "pat@hoganlegalservices.com<mailto:pat@hoganlegalservices.com>" <pat@hoganlegalservices.com<mailto:pat@hoganlegalservices.com>> wrote: Landlord wants to give simultaneous 3 day and a 15 day notices, and then wait to file for the eviction in the next month to try and get double rent (In other words a complaint for an eviction based on violation of 3-day notice in Count I, but a damages Count II based on double rent (83.58) from the refusal to get out at end of the month). Any/All thoughts appreciated. Thank you. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com<mailto:Pat@HoganLegalServices.com> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten