[RPPTL LandTen] LLT: 3-Day Notice
Dear Group:
I have encountered a problem in the County Court of Citrus County.
In short, my client drafted and issued a 3-Day Notice prior to retaining
me. Upon reviewing the 3-Day Notice I saw that the client had included
Late Fees as part of the past-due "rent". I reviewed the Lease and it
did include language that deemed late fees as "rent". Accordingly, I
informed the client that we could proceed with the action for eviction
using her 3-Day Notice.
I filed the Complaint with Citrus County, and immediately received an
Administrative Order indicating that if there is any non-compliance with
the Complaint or evidence at the time of the Final Judgment that the
Court could dismiss the action. I reviewed my Complaint and exhibits
again, and determined that everything was in order. I obtained a
Default (as to Possession) and proceeded with the Motion for Final
Judgment (Possession). After a week or so, I received an Order of
Dismissal executed by the Judge, generally citing the Administrative
Order, Rules of Procedure and Florida Statute, but making no specific
identification of failures or deficiencies.
Upon talking to the JA I was able to "guess" that the defect was, in
fact, the 3-Day Notice including late fees. I filed a Motion for
Rehearing, citing the Lease provision defining Late Fees as "Rent" and
the 4 references in the Complaint as to the inclusion of Late Fees as
"Rent", together with Section 83.43(6), FS, expecting the Judge to just
execute the Order vacating the Dismissal. However, I was notified today
that the Judge is not going to sign the Order Vacating the Dismissal,
and that the matter will be set for hearing on June 4, and that the
Judge has sent the case to the Staff Attorney for research on the issue
of inclusion of Late Fees in the 3-Day Notice.
Ignoring the fact that both counts have been dismissed without any
notification of a specific failure, and ignoring the fact that the lease
will have expired by the time the hearing occurs, I am looking for any
case law on the late fees in the 3-Day Notice issue.
I Have always just relied on 83.43(6), FS and have never had any
problems provided that the Lease defined the Late Fees (or anything
else) as "Rent".
I would really appreciate any case law on the matter, as I don't see
anything other than secondary sources.
That thud you hear is my head hitting my desk.
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.com BLOCKED::mailto:jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and
confidential. If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination of this
communication is strictly prohibited. If you have received this e-mail
in error, please notify us immediately by replying to this e-mail
message or by telephone and delete this message and any attachments from
your system. Thank you.
This is a footnote from a treatise discussing this issue. I have not read
the cases or Shepardized them but these cases are probably what you need. I
believe they are mostly county court cases from Fla L Weekly Supp.
Footnote 53. Hanna v. Freckleton, 11 Fla. L. Weekly Supp. 976d (11th Cir.
App. 2004); Devine v. Morales, 11 Fla. L. Weekly Supp. 356a (Broward County
2004); Chacin v. Engle, 11 Fla. L. Weekly Supp. 845a (Broward County 2004);
Calamaro v. Mitchell, 8 Fla. L. Weekly Supp. 467c (Broward County 2001);
Caputi v. Singletary, 8 Fla. L. Weekly Supp. 125b (Broward County 2000);
Affordable Landmarks, Inc. v. Madiedo, 8 Fla. L. Weekly Supp. 122a (Broward
County 2000); Anacs v. Williams, 5 Fla. L. Weekly Supp. 847 (Fla. Broward
County Ct. 1998); Swan v. Jones, 3 Fla. L. Weekly Supp. 36 (Fla. Manatee
County Ct. 1995); Pappas v. Vaughn, 2 Fla. L. Weekly Supp. 59 (Fla. Broward
County Ct. 1993); Faj-Hein v. Storr, 1 Fla. L. Weekly Supp. 572 (Fla.
Broward County Ct. 1993); Lawson v. Alverez, 46 Fla. Supp. 2d 94 (Fla.
Manatee County Ct. 1990) ; New Citrus Park Apts. v. Jackson, 38 Fla. Supp.
2d 191 (Fla. Broward County Ct. 1990) ; Hoche v. Berry, 5 Fla. Supp. 2d 110
(Fla. Orange County Ct. 1993) ; Barcelona W. v. Ellis, 4 Fla. Supp. 2d 71
(Fla. Orange County Ct. 1981) . See also Pearson v. Sims, 1 Fla. L. Weekly
Supp. 408 (Fla. Broward County Ct. 1993), which held that a notice was
defective when it demanded first and last month's rent plus a security
deposit.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/
The information in this communication (including any attachments) is
privileged and confidential. If you are not the intended recipient, nor the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any dissemination or copying of this
communication (including any attachments) is strictly prohibited. If you
have received this communication in error, please notify the sender. Thank
you.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, May 16, 2013 4:32 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] LLT: 3-Day Notice
Dear Group:
I have encountered a problem in the County Court of Citrus County.
In short, my client drafted and issued a 3-Day Notice prior to retaining me.
Upon reviewing the 3-Day Notice I saw that the client had included Late Fees
as part of the past-due "rent". I reviewed the Lease and it did include
language that deemed late fees as "rent". Accordingly, I informed the
client that we could proceed with the action for eviction using her 3-Day
Notice.
I filed the Complaint with Citrus County, and immediately received an
Administrative Order indicating that if there is any non-compliance with the
Complaint or evidence at the time of the Final Judgment that the Court could
dismiss the action. I reviewed my Complaint and exhibits again, and
determined that everything was in order. I obtained a Default (as to
Possession) and proceeded with the Motion for Final Judgment (Possession).
After a week or so, I received an Order of Dismissal executed by the Judge,
generally citing the Administrative Order, Rules of Procedure and Florida
Statute, but making no specific identification of failures or deficiencies.
Upon talking to the JA I was able to "guess" that the defect was, in fact,
the 3-Day Notice including late fees. I filed a Motion for Rehearing,
citing the Lease provision defining Late Fees as "Rent" and the 4 references
in the Complaint as to the inclusion of Late Fees as "Rent", together with
Section 83.43(6), FS, expecting the Judge to just execute the Order vacating
the Dismissal. However, I was notified today that the Judge is not going to
sign the Order Vacating the Dismissal, and that the matter will be set for
hearing on June 4, and that the Judge has sent the case to the Staff
Attorney for research on the issue of inclusion of Late Fees in the 3-Day
Notice.
Ignoring the fact that both counts have been dismissed without any
notification of a specific failure, and ignoring the fact that the lease
will have expired by the time the hearing occurs, I am looking for any case
law on the late fees in the 3-Day Notice issue.
I Have always just relied on 83.43(6), FS and have never had any problems
provided that the Lease defined the Late Fees (or anything else) as "Rent".
I would really appreciate any case law on the matter, as I don't see
anything other than secondary sources.
That thud you hear is my head hitting my desk.
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
BLOCKED::mailto:jnalexander@pcld-law.com jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and confidential.
If the reader of the message is not the intended recipient, you are hereby
notified that any dissemination of this communication is strictly
prohibited. If you have received this e-mail in error, please notify us
immediately by replying to this e-mail message or by telephone and delete
this message and any attachments from your system. Thank you.
Thank you, Andrew. Can you provide the name and author of the treatise,
as well?
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.com BLOCKED::mailto:jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and
confidential. If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination of this
communication is strictly prohibited. If you have received this e-mail
in error, please notify us immediately by replying to this e-mail
message or by telephone and delete this message and any attachments from
your system. Thank you.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew F.
Garofalo
Sent: Thursday, May 16, 2013 5:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice
This is a footnote from a treatise discussing this issue. I have not
read the cases or Shepardized them but these cases are probably what you
need. I believe they are mostly county court cases from Fla L Weekly
Supp.
Footnote 53. Hanna v. Freckleton, 11 Fla. L. Weekly Supp. 976d (11th
Cir. App. 2004); Devine v. Morales, 11 Fla. L. Weekly Supp. 356a
(Broward County 2004); Chacin v. Engle, 11 Fla. L. Weekly Supp. 845a
(Broward County 2004); Calamaro v. Mitchell, 8 Fla. L. Weekly Supp. 467c
(Broward County 2001); Caputi v. Singletary, 8 Fla. L. Weekly Supp. 125b
(Broward County 2000); Affordable Landmarks, Inc. v. Madiedo, 8 Fla. L.
Weekly Supp. 122a (Broward County 2000); Anacs v. Williams, 5 Fla. L.
Weekly Supp. 847 (Fla. Broward County Ct. 1998); Swan v. Jones, 3 Fla.
L. Weekly Supp. 36 (Fla. Manatee County Ct. 1995); Pappas v. Vaughn, 2
Fla. L. Weekly Supp. 59 (Fla. Broward County Ct. 1993); Faj-Hein v.
Storr, 1 Fla. L. Weekly Supp. 572 (Fla. Broward County Ct. 1993);
Lawson v. Alverez, 46 Fla. Supp. 2d 94 (Fla. Manatee County Ct. 1990) ;
New Citrus Park Apts. v. Jackson, 38 Fla. Supp. 2d 191 (Fla. Broward
County Ct. 1990) ; Hoche v. Berry, 5 Fla. Supp. 2d 110 (Fla. Orange
County Ct. 1993) ; Barcelona W. v. Ellis, 4 Fla. Supp. 2d 71 (Fla.
Orange County Ct. 1981) . See also Pearson v. Sims, 1 Fla. L. Weekly
Supp. 408 (Fla. Broward County Ct. 1993), which held that a notice was
defective when it demanded first and last month's rent plus a security
deposit.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/
The information in this communication (including any attachments) is
privileged and confidential. If you are not the intended recipient, nor
the employee or agent responsible for delivering it to the intended
recipient, you are hereby notified that any dissemination or copying of
this communication (including any attachments) is strictly prohibited.
If you have received this communication in error, please notify the
sender. Thank you.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph
Alexander
Sent: Thursday, May 16, 2013 4:32 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] LLT: 3-Day Notice
Dear Group:
I have encountered a problem in the County Court of Citrus County.
In short, my client drafted and issued a 3-Day Notice prior to retaining
me. Upon reviewing the 3-Day Notice I saw that the client had included
Late Fees as part of the past-due "rent". I reviewed the Lease and it
did include language that deemed late fees as "rent". Accordingly, I
informed the client that we could proceed with the action for eviction
using her 3-Day Notice.
I filed the Complaint with Citrus County, and immediately received an
Administrative Order indicating that if there is any non-compliance with
the Complaint or evidence at the time of the Final Judgment that the
Court could dismiss the action. I reviewed my Complaint and exhibits
again, and determined that everything was in order. I obtained a
Default (as to Possession) and proceeded with the Motion for Final
Judgment (Possession). After a week or so, I received an Order of
Dismissal executed by the Judge, generally citing the Administrative
Order, Rules of Procedure and Florida Statute, but making no specific
identification of failures or deficiencies.
Upon talking to the JA I was able to "guess" that the defect was, in
fact, the 3-Day Notice including late fees. I filed a Motion for
Rehearing, citing the Lease provision defining Late Fees as "Rent" and
the 4 references in the Complaint as to the inclusion of Late Fees as
"Rent", together with Section 83.43(6), FS, expecting the Judge to just
execute the Order vacating the Dismissal. However, I was notified today
that the Judge is not going to sign the Order Vacating the Dismissal,
and that the matter will be set for hearing on June 4, and that the
Judge has sent the case to the Staff Attorney for research on the issue
of inclusion of Late Fees in the 3-Day Notice.
Ignoring the fact that both counts have been dismissed without any
notification of a specific failure, and ignoring the fact that the lease
will have expired by the time the hearing occurs, I am looking for any
case law on the late fees in the 3-Day Notice issue.
I Have always just relied on 83.43(6), FS and have never had any
problems provided that the Lease defined the Late Fees (or anything
else) as "Rent".
I would really appreciate any case law on the matter, as I don't see
anything other than secondary sources.
That thud you hear is my head hitting my desk.
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.com BLOCKED::mailto:jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and
confidential. If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination of this
communication is strictly prohibited. If you have received this e-mail
in error, please notify us immediately by replying to this e-mail
message or by telephone and delete this message and any attachments from
your system. Thank you.
I think as long as the language is there, its purely contractual. Im not aware of any authority otherwise. If anyone is, please copy all.
Ridiculous what your dealing with. Good luck
Sent from my iphone
On May 16, 2013, at 4:32 PM, "Joseph Alexander" <jnalexander@pcld-law.commailto:jnalexander@pcld-law.com> wrote:
Dear Group:
I have encountered a problem in the County Court of Citrus County.
In short, my client drafted and issued a 3-Day Notice prior to retaining me. Upon reviewing the 3-Day Notice I saw that the client had included Late Fees as part of the past-due “rent”. I reviewed the Lease and it did include language that deemed late fees as “rent”. Accordingly, I informed the client that we could proceed with the action for eviction using her 3-Day Notice.
I filed the Complaint with Citrus County, and immediately received an Administrative Order indicating that if there is any non-compliance with the Complaint or evidence at the time of the Final Judgment that the Court could dismiss the action. I reviewed my Complaint and exhibits again, and determined that everything was in order. I obtained a Default (as to Possession) and proceeded with the Motion for Final Judgment (Possession). After a week or so, I received an Order of Dismissal executed by the Judge, generally citing the Administrative Order, Rules of Procedure and Florida Statute, but making no specific identification of failures or deficiencies.
Upon talking to the JA I was able to “guess” that the defect was, in fact, the 3-Day Notice including late fees. I filed a Motion for Rehearing, citing the Lease provision defining Late Fees as “Rent” and the 4 references in the Complaint as to the inclusion of Late Fees as “Rent”, together with Section 83.43(6), FS, expecting the Judge to just execute the Order vacating the Dismissal. However, I was notified today that the Judge is not going to sign the Order Vacating the Dismissal, and that the matter will be set for hearing on June 4, and that the Judge has sent the case to the Staff Attorney for research on the issue of inclusion of Late Fees in the 3-Day Notice.
Ignoring the fact that both counts have been dismissed without any notification of a specific failure, and ignoring the fact that the lease will have expired by the time the hearing occurs, I am looking for any case law on the late fees in the 3-Day Notice issue.
I Have always just relied on 83.43(6), FS and have never had any problems provided that the Lease defined the Late Fees (or anything else) as “Rent”.
I would really appreciate any case law on the matter, as I don’t see anything other than secondary sources.
That thud you hear is my head hitting my desk.
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.comBLOCKED::mailto:jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system. Thank you.
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
You're welcome. It is the Florida Residential Landlord Tenant Manual by
James C Hauser 2012 available through Lexis.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/
The information in this communication (including any attachments) is
privileged and confidential. If you are not the intended recipient, nor the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any dissemination or copying of this
communication (including any attachments) is strictly prohibited. If you
have received this communication in error, please notify the sender. Thank
you.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, May 16, 2013 5:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice
Thank you, Andrew. Can you provide the name and author of the treatise, as
well?
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
BLOCKED::mailto:jnalexander@pcld-law.com jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and confidential.
If the reader of the message is not the intended recipient, you are hereby
notified that any dissemination of this communication is strictly
prohibited. If you have received this e-mail in error, please notify us
immediately by replying to this e-mail message or by telephone and delete
this message and any attachments from your system. Thank you.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew F.
Garofalo
Sent: Thursday, May 16, 2013 5:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice
This is a footnote from a treatise discussing this issue. I have not read
the cases or Shepardized them but these cases are probably what you need. I
believe they are mostly county court cases from Fla L Weekly Supp.
Footnote 53. Hanna v. Freckleton, 11 Fla. L. Weekly Supp. 976d (11th Cir.
App. 2004); Devine v. Morales, 11 Fla. L. Weekly Supp. 356a (Broward County
2004); Chacin v. Engle, 11 Fla. L. Weekly Supp. 845a (Broward County 2004);
Calamaro v. Mitchell, 8 Fla. L. Weekly Supp. 467c (Broward County 2001);
Caputi v. Singletary, 8 Fla. L. Weekly Supp. 125b (Broward County 2000);
Affordable Landmarks, Inc. v. Madiedo, 8 Fla. L. Weekly Supp. 122a (Broward
County 2000); Anacs v. Williams, 5 Fla. L. Weekly Supp. 847 (Fla. Broward
County Ct. 1998); Swan v. Jones, 3 Fla. L. Weekly Supp. 36 (Fla. Manatee
County Ct. 1995); Pappas v. Vaughn, 2 Fla. L. Weekly Supp. 59 (Fla. Broward
County Ct. 1993); Faj-Hein v. Storr, 1 Fla. L. Weekly Supp. 572 (Fla.
Broward County Ct. 1993); Lawson v. Alverez, 46 Fla. Supp. 2d 94 (Fla.
Manatee County Ct. 1990) ; New Citrus Park Apts. v. Jackson, 38 Fla. Supp.
2d 191 (Fla. Broward County Ct. 1990) ; Hoche v. Berry, 5 Fla. Supp. 2d 110
(Fla. Orange County Ct. 1993) ; Barcelona W. v. Ellis, 4 Fla. Supp. 2d 71
(Fla. Orange County Ct. 1981) . See also Pearson v. Sims, 1 Fla. L. Weekly
Supp. 408 (Fla. Broward County Ct. 1993), which held that a notice was
defective when it demanded first and last month's rent plus a security
deposit.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/
The information in this communication (including any attachments) is
privileged and confidential. If you are not the intended recipient, nor the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any dissemination or copying of this
communication (including any attachments) is strictly prohibited. If you
have received this communication in error, please notify the sender. Thank
you.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, May 16, 2013 4:32 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] LLT: 3-Day Notice
Dear Group:
I have encountered a problem in the County Court of Citrus County.
In short, my client drafted and issued a 3-Day Notice prior to retaining me.
Upon reviewing the 3-Day Notice I saw that the client had included Late Fees
as part of the past-due "rent". I reviewed the Lease and it did include
language that deemed late fees as "rent". Accordingly, I informed the
client that we could proceed with the action for eviction using her 3-Day
Notice.
I filed the Complaint with Citrus County, and immediately received an
Administrative Order indicating that if there is any non-compliance with the
Complaint or evidence at the time of the Final Judgment that the Court could
dismiss the action. I reviewed my Complaint and exhibits again, and
determined that everything was in order. I obtained a Default (as to
Possession) and proceeded with the Motion for Final Judgment (Possession).
After a week or so, I received an Order of Dismissal executed by the Judge,
generally citing the Administrative Order, Rules of Procedure and Florida
Statute, but making no specific identification of failures or deficiencies.
Upon talking to the JA I was able to "guess" that the defect was, in fact,
the 3-Day Notice including late fees. I filed a Motion for Rehearing,
citing the Lease provision defining Late Fees as "Rent" and the 4 references
in the Complaint as to the inclusion of Late Fees as "Rent", together with
Section 83.43(6), FS, expecting the Judge to just execute the Order vacating
the Dismissal. However, I was notified today that the Judge is not going to
sign the Order Vacating the Dismissal, and that the matter will be set for
hearing on June 4, and that the Judge has sent the case to the Staff
Attorney for research on the issue of inclusion of Late Fees in the 3-Day
Notice.
Ignoring the fact that both counts have been dismissed without any
notification of a specific failure, and ignoring the fact that the lease
will have expired by the time the hearing occurs, I am looking for any case
law on the late fees in the 3-Day Notice issue.
I Have always just relied on 83.43(6), FS and have never had any problems
provided that the Lease defined the Late Fees (or anything else) as "Rent".
I would really appreciate any case law on the matter, as I don't see
anything other than secondary sources.
That thud you hear is my head hitting my desk.
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
BLOCKED::mailto:jnalexander@pcld-law.com jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and confidential.
If the reader of the message is not the intended recipient, you are hereby
notified that any dissemination of this communication is strictly
prohibited. If you have received this e-mail in error, please notify us
immediately by replying to this e-mail message or by telephone and delete
this message and any attachments from your system. Thank you.
I represent a non-institutional mortgagee. Foreclosure sale date is June 4.
We believe there may be a tenant occupying the home. We served Unknown
Tenant 1 and obtained a default and final judgment against them. When my
client receives the certificate of title following the foreclosure sale, if
someone is still occupying the home I believe we need to comply with PTFA.
Does anyone have a form notice to provide to the tenant after we obtain the
certificate of title to comply with the Act? Thanks.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/
The information in this communication (including any attachments) is
privileged and confidential. If you are not the intended recipient, nor the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any dissemination or copying of this
communication (including any attachments) is strictly prohibited. If you
have received this communication in error, please notify the sender. Thank
you.
Yes, the PTAF act survives under the Dodd Frank Act. First, the notice must be delivered to the tenants AFTER titled has transferred, not the date of sale. There are a lot of notices out there that I would love to litigate the validity of the notice. My opinion is that the notice must first inform the tenant he/she has the right to complete the term of their written lease. If the tenant does not have a written lease follow the form of a termination of a tenancy at will only provide them with 90 days from the date the notice is served and insert that date in the notice. I think there is a problem with notices to "occupants" (would love to litigate that issue). I think there is a problem with notices that intimidate the tenant stating they have to move or the sheriff will put them out in the street etc., but at the end of the notice there is a disclosure that the tenant may have the right to remain until the end of the lease term so provide a lease so we (the owner) may determine if the tenant is a bonefide tenant (which is an issue for a court to determine). I litigated several of these but once I poke holes in the notice the owner pays the tenant to move. The mortgage companies and Fannie Mai act like they drafted the PTAF but they really don't know the notice requirements under the landlord tenant act. My next dream case will be under the amended statute the landlord can correct the notice after filing an eviction. I'm not sure if the landlord at will be able to correct a defective notice pursuant to PTAF.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew F. Garofalo
Sent: Thursday, May 16, 2013 19:05
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Protecting Tenants at Foreclosure Notice
I represent a non-institutional mortgagee. Foreclosure sale date is June 4. We believe there may be a tenant occupying the home. We served Unknown Tenant 1 and obtained a default and final judgment against them. When my client receives the certificate of title following the foreclosure sale, if someone is still occupying the home I believe we need to comply with PTFA. Does anyone have a form notice to provide to the tenant after we obtain the certificate of title to comply with the Act? Thanks.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
andrew@garofalolaw.netmailto:andrew@garofalolaw.net
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.nethttp://www.garofalolaw.net/
The information in this communication (including any attachments) is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you.
Andrew –
I don’t practice in this area, but I did find this as a starting point:
https://docs.google.com/viewer?url=http%3A%2F%2Fwww.shra.org%2FPortals%2F0%2Fpdf%2Fhot_topics%2FForeclosures%2FEducation%2FRenters%2520in%2520Foreclosure%2520Toolkit.pdf
Gregory
Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
www.slk-law.comhttp://www.slk-law.com/
IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.
Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew F. Garofalo
Sent: Thursday, May 16, 2013 7:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Protecting Tenants at Foreclosure Notice
I represent a non-institutional mortgagee. Foreclosure sale date is June 4. We believe there may be a tenant occupying the home. We served Unknown Tenant 1 and obtained a default and final judgment against them. When my client receives the certificate of title following the foreclosure sale, if someone is still occupying the home I believe we need to comply with PTFA. Does anyone have a form notice to provide to the tenant after we obtain the certificate of title to comply with the Act? Thanks.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
andrew@garofalolaw.netmailto:andrew@garofalolaw.net
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.nethttp://www.garofalolaw.net/
The information in this communication (including any attachments) is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you.
Thank you Gregory. That is helpful.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/
The information in this communication (including any attachments) is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Friday, May 17, 2013 10:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Protecting Tenants at Foreclosure Notice
Andrew –
I don’t practice in this area, but I did find this as a starting point:
Gregory
Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
http://www.slk-law.com/ www.slk-law.com
IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.
Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew F. Garofalo
Sent: Thursday, May 16, 2013 7:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Protecting Tenants at Foreclosure Notice
I represent a non-institutional mortgagee. Foreclosure sale date is June 4. We believe there may be a tenant occupying the home. We served Unknown Tenant 1 and obtained a default and final judgment against them. When my client receives the certificate of title following the foreclosure sale, if someone is still occupying the home I believe we need to comply with PTFA. Does anyone have a form notice to provide to the tenant after we obtain the certificate of title to comply with the Act? Thanks.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/
The information in this communication (including any attachments) is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you.
Andrew,
I have come across the attached form letter. I have not reviewed for
legal compliance, but it should get you started.
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.com BLOCKED::mailto:jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and
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communication is strictly prohibited. If you have received this e-mail
in error, please notify us immediately by replying to this e-mail
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew F.
Garofalo
Sent: Thursday, May 16, 2013 7:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Protecting Tenants at Foreclosure Notice
I represent a non-institutional mortgagee. Foreclosure sale date is
June 4. We believe there may be a tenant occupying the home. We served
Unknown Tenant 1 and obtained a default and final judgment against them.
When my client receives the certificate of title following the
foreclosure sale, if someone is still occupying the home I believe we
need to comply with PTFA. Does anyone have a form notice to provide to
the tenant after we obtain the certificate of title to comply with the
Act? Thanks.
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/
The information in this communication (including any attachments) is
privileged and confidential. If you are not the intended recipient, nor
the employee or agent responsible for delivering it to the intended
recipient, you are hereby notified that any dissemination or copying of
this communication (including any attachments) is strictly prohibited.
If you have received this communication in error, please notify the
sender. Thank you.