Group,
As to residential landlord and tenant, the COVID eviction rules are going to create a very big litigation mess. Public housing, subsidized housing and Tax Credit properties all have different limitations and due process requirement which attorneys should challenge in eviction proceedings. Some Courts have considered a 3-day notice an attempt to collect a debt making FS 559,72 applicable. If landlords begin to charge daily late fees, Usury could become an issue (very harsh penalties). Some daily late fees amount to over 300% interest. If not interest, the late fee would be unenforceable liquidated damages. There is a duty to act in good faith that has to be considered also.

Remember, these cases will be heard by County Court judges. They all have their own opinion, bias and prejudices. There is a lack of  appellate opinions so the judges get away with some outrageous opinions. Usually the Courts favor Landlord (if you can't pay get out) but with the COVID epidemic the courts may be more sympathic to tenants. Also remember tenants can't pay attorney fees but Landlords can and attorneys like myself have received contingent fee multiplies of 2.0 and 2.5. I would also pick my judge and challenge every clause in the lease just to get a favorable opinion voiding the entire lease. 90% of every lease have lease provisions that are unconscionable or unconstitutional.

Personally, I see that epidemic as a tenant's attorney's gold mine.

If you need a response in less than 48 hours please call me at the number below.
Leonard P. Cabral, Esq.
Lenslaw@lenslaw.commailto:Lenslaw@lenslaw.com
(407) 324-2200

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Eric Jacobs
Sent: Sunday, April 05, 2020 3:13 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

Harry

The three day not have consequences It sets forth options  "...payment of said rent or that you surrender possession..."
I believe each Circuit sets forth its "holidays".  If they wanted to expand these days to be considered "holidays" I think they could have done that.  All the 3 day notice sets forth is that the monies are owed (which they are) and that the Tenant should either pay or surrender possession which (to me at least) by definition, means they are to voluntarily give back the property without involving the courts.

While I don't think we could file an action on a "covered property", when the order expires, I would think having served the 3 day (not precluded by the Order),  we could without the need to file a new 3 day notice.

Eric A. Jacobs, J.D., M.B.A.
Nexterra Law
Board Certified Real Estate Litigation and Transactional Practice
AV Rated - Martindale Hubbell
1111 Lincoln Road, Suite 801
Miami Beach, Florida 33139
(954) 929-0679 Telephone
(954) 243-3100 Mobile

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: Saturday, April 4, 2020 8:50 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I feel you are going farther than simply making a demand to pay or surrender but you can't make them surrender.

You are giving them a deadline and the consequences.

How do you even calculate the Three Days, when, if the courts are closed, that could be construed as a court observed legal holiday? Every year we call each clerk for their holidays. Some are different. Court closed is kind of a court observed legal holiday.

Here is what our typical Three Day says:

YOU ARE HEREBY NOTIFIED THAT YOU ARE INDEBTED TO US IN THE SUM OF:

$_________________________________________________________________________________________
FOR THE RENT AND USE OF THE ABOVE REFERENCED PREMISES IN  xxx COUNTY, FLORIDA, NOW OCCUPIED BY YOU AND THAT WE DEMAND PAYMENT OF SAID RENT OR THAT YOU SURRENDER POSSESSION OF THE SAID PREMISES WITHIN THREE (3) DAYS (EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS) FROM THE DATE OF DELIVERY OF THIS NOTICE:

ON OR BEFORE THE __________ DAY OF _____________________________, 20.
YOUR FAILURE TO COMPLY WITH THIS NOTICE MAY RESULT IN EVICTION PROCEEDINGS BEING INSTITUTED AGAINST YOU PURSUANT TO CHAPTER 83 FLORIDA STATUTES.

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Saturday, April 04, 2020 7:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I don't agree.  You are not threatening but making a demand which you are not prohibited from doing.

Eric
Get Outlook for iOShttps://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Cary P. Sabol, Esq. <csabol@sabollaw.commailto:csabol@sabollaw.com>
Sent: Saturday, April 4, 2020 7:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I would agree with Harry and is what I've been advising.

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.
[cid:image001.jpg@01D60B5D.B1CDB1C0]
[cid:image002.png@01D60B5D.B1CDB1C0]

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] Three Day Notices - Legal or not?
From: "Harry Heist" <harry@evict.commailto:harry@evict.com>
Date: Sat, April 04, 2020 2:57 pm
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
I am really feeling a normal Three Day Notice which says pay or vacate is not legal on "covered" properties.

How can you threaten someone with something you can't do by law?

Wouldn't this be like a debt collector threatening a lawsuit on a debt where the statute of limitations has run?

What say the group?

Leonard?

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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image003.png@01D60B5D.B1CDB1C0]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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http://mailman.fsr.com/mailman/listinfo/landten

Eric,

Many Three Day Notices have consequences on the notice and address eviction.

You cannot  ssume that only the Supreme Court Approved Notice is in use.

There are hundreds of variations of the Three Day in use.

They just have to substantially comply with the statute.

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

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 Eric Jacobs
Sent: Sunday, April 05, 2020 3:13 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

Harry

The three day not have consequences It sets forth options  ".payment of said
rent or that you surrender possession."

I believe each Circuit sets forth its "holidays".  If they wanted to expand
these days to be considered "holidays" I think they could have done that.
All the 3 day notice sets forth is that the monies are owed (which they are)
and that the Tenant should either pay or surrender possession which (to me
at least) by definition, means they are to voluntarily give back the
property without involving the courts.

While I don't think we could file an action on a "covered property", when
the order expires, I would think having served the 3 day (not precluded by
the Order),  we could without the need to file a new 3 day notice.

Eric A. Jacobs, J.D., M.B.A.

Nexterra Law

Board Certified Real Estate Litigation and Transactional Practice

AV Rated - Martindale Hubbell

1111 Lincoln Road, Suite 801

Miami Beach, Florida 33139

(954) 929-0679 Telephone

(954) 243-3100 Mobile

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Saturday, April 4, 2020 8:50 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I feel you are going farther than simply making a demand to pay or surrender
but you can't make them surrender.

You are giving them a deadline and the consequences.

How do you even calculate the Three Days, when, if the courts are closed,
that could be construed as a court observed legal holiday? Every year we
call each clerk for their holidays. Some are different. Court closed is kind
of a court observed legal holiday.

Here is what our typical Three Day says:

YOU ARE HEREBY NOTIFIED THAT YOU ARE INDEBTED TO US IN THE SUM OF:

$___________________________________________________________________________

FOR THE RENT AND USE OF THE ABOVE REFERENCED PREMISES IN  xxx COUNTY,
FLORIDA, NOW OCCUPIED BY YOU AND THAT WE DEMAND PAYMENT OF SAID RENT OR THAT
YOU SURRENDER POSSESSION OF THE SAID PREMISES WITHIN THREE (3) DAYS
(EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS) FROM THE DATE OF DELIVERY
OF THIS NOTICE:

ON OR BEFORE THE __________ DAY OF _____________________________,
20.

YOUR FAILURE TO COMPLY WITH THIS NOTICE MAY RESULT IN EVICTION PROCEEDINGS
BEING INSTITUTED AGAINST YOU PURSUANT TO CHAPTER 83 FLORIDA STATUTES.

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

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 Eric Jacobs
Sent: Saturday, April 04, 2020 7:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I don't agree.  You are not threatening but making a demand which you are
not prohibited from doing.

Eric

Get Outlook for iOS https://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org on behalf of Cary P. Sabol, Esq.
csabol@sabollaw.com
Sent: Saturday, April 4, 2020 7:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I would agree with Harry and is what I've been advising.

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.

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] Three Day Notices - Legal or not?
From: "Harry Heist" < mailto:harry@evict.com harry@evict.com>
Date: Sat, April 04, 2020 2:57 pm
To: "'RPPTL Landlord Tenant Committee'" <
mailto:landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org>

I am really feeling a normal Three Day Notice which says pay or vacate is
not legal on "covered" properties.

How can you threaten someone with something you can't do by law?

Wouldn't this be like a debt collector threatening a lawsuit on a debt where
the statute of limitations has run?

What say the group?

Leonard?

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

Visit us on Facebook

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.

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

Fair enough .  If someone is using something else it’s surely possible they could have a problem

Get Outlook for iOShttps://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of Harry Heist harry@evict.com
Sent: Sunday, April 5, 2020 4:29 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

Eric,

Many Three Day Notices have consequences on the notice and address eviction.

You cannot  ssume that only the Supreme Court Approved Notice is in use.

There are hundreds of variations of the Three Day in use.

They just have to substantially comply with the statute.

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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 Eric Jacobs
Sent: Sunday, April 05, 2020 3:13 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

Harry

The three day not have consequences It sets forth options  “…payment of said rent or that you surrender possession…”
I believe each Circuit sets forth its “holidays”.  If they wanted to expand these days to be considered “holidays” I think they could have done that.  All the 3 day notice sets forth is that the monies are owed (which they are) and that the Tenant should either pay or surrender possession which (to me at least) by definition, means they are to voluntarily give back the property without involving the courts.

While I don’t think we could file an action on a “covered property”, when the order expires, I would think having served the 3 day (not precluded by the Order),  we could without the need to file a new 3 day notice.

Eric A. Jacobs, J.D., M.B.A.
Nexterra Law
Board Certified Real Estate Litigation and Transactional Practice
AV Rated - Martindale Hubbell
1111 Lincoln Road, Suite 801
Miami Beach, Florida 33139
(954) 929-0679 Telephone
(954) 243-3100 Mobile

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Saturday, April 4, 2020 8:50 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I feel you are going farther than simply making a demand to pay or surrender but you can’t make them surrender.

You are giving them a deadline and the consequences.

How do you even calculate the Three Days, when, if the courts are closed, that could be construed as a court observed legal holiday? Every year we call each clerk for their holidays. Some are different. Court closed is kind of a court observed legal holiday.

Here is what our typical Three Day says:

YOU ARE HEREBY NOTIFIED THAT YOU ARE INDEBTED TO US IN THE SUM OF:

$_________________________________________________________________________________________
FOR THE RENT AND USE OF THE ABOVE REFERENCED PREMISES IN  xxx COUNTY, FLORIDA, NOW OCCUPIED BY YOU AND THAT WE DEMAND PAYMENT OF SAID RENT OR THAT YOU SURRENDER POSSESSION OF THE SAID PREMISES WITHIN THREE (3) DAYS (EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS) FROM THE DATE OF DELIVERY OF THIS NOTICE:

ON OR BEFORE THE __________ DAY OF _____________________________, 20.
YOUR FAILURE TO COMPLY WITH THIS NOTICE MAY RESULT IN EVICTION PROCEEDINGS BEING INSTITUTED AGAINST YOU PURSUANT TO CHAPTER 83 FLORIDA STATUTES.

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.comhttp://www.evict.com/
Email: harry@evict.commailto: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.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Saturday, April 04, 2020 7:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I don’t agree.  You are not threatening but making a demand which you are not prohibited from doing.

Eric
Get Outlook for iOShttps://aka.ms/o0ukef

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Cary P. Sabol, Esq. <csabol@sabollaw.commailto:csabol@sabollaw.com>
Sent: Saturday, April 4, 2020 7:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?

I would agree with Harry and is what I've been advising.

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.
[cid:image001.jpg@01D60B66.7B449430]
[cid:image002.png@01D60B66.7B449430]

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] Three Day Notices - Legal or not?
From: "Harry Heist" <harry@evict.commailto:harry@evict.com>
Date: Sat, April 04, 2020 2:57 pm
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
I am really feeling a normal Three Day Notice which says pay or vacate is not legal on “covered” properties.

How can you threaten someone with something you can’t do by law?

Wouldn’t this be like a debt collector threatening a lawsuit on a debt where the statute of limitations has run?

What say the group?

Leonard?

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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image003.png@01D60B66.7B449430]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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.

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