Here you go....

Eric Jacobs
ejacobs@beloffparker.com
Partner
AV Rated
Board Certified - Real Estate
Beloff | Parker | Jacobs, PLC

Broward Office
1930 Harrison Street, Suite 208
Hollywood, Florida 33020
(954) 929-0679 Telephone
(888) 632-4944 Facsimile

Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first.  For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value.  We have decided not to do that.  Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed).  Also, just because we exchange emails doesn't make us your lawyer(s).  If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter.  As soon as you have received written confirmation from us, you can consider our relationship formed.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Friday, May 17, 2013 2:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Protecting Tenants at Foreclosure Notice

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.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.

From: landten-bounces@lists.flabarrpptl.orgmailto: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.

Part of the reason for judges to be quick on the trigger is the plethora of
messed up cases prepared by "document preparing companies" using the pro-se
forms that the Florida Bar has so graciously provided to them.

It disgusts me.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: 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 Lainie J. Simon
Sent: Monday, May 20, 2013 9:47 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

Please keep us updated on this.  I feel for your!  Especially when you
explained to your client.

On May 16, 2013, at 4:31 PM, Joseph Alexander 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

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.

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

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
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  its use.
  Ê

I am with you Harry – it should be unlicensed practice of law to fill out
those forms whether the matter is contested or not.  Experienced lawyers can
easily make errors when it comes to navigating the residential landlord
tenant statutes – so I do not see how non-lawyers can be expected to help
others fill out eviction forms.

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

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.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 Heist, Weisse &
Wolk
Sent: Monday, May 20, 2013 9:53 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

Part of the reason for judges to be quick on the trigger is the plethora of
messed up cases prepared by "document preparing companies" using the pro-se
forms that the Florida Bar has so graciously provided to them.

It disgusts me.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: 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 Lainie J. Simon
Sent: Monday, May 20, 2013 9:47 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

Please keep us updated on this.  I feel for your!  Especially when you
explained to your client.

On May 16, 2013, at 4:31 PM, Joseph Alexander 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

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.

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

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

They do not just "help others fill out the forms".  They routinely give
advice, take charge of it from beginning to end, advertise on the street
with impunity as they have no Bar to govern them.

If I got disbarred tomorrow, I could make a good living doing this. I would
be under no advertising rules, and I would simply have an attorney on
standby to attend court or file the default motion on contested cases.

These document preparers cause public harm and in some cases charge MORE
than attorneys.  This guy Martin had the guts to come to a few of my
classes, take my materials and solicit business in my classes.

The Florida Bar is more concerned about making ever changing and onerous
advertising rules so the public is protected from us.

We have called many of these people up posing as landlords and they tell us
how to prepare the Three Day Notices, they prepare the Three Day Notices,
they offer to sign them, they offer to sign our name when we say we are out
of town,  advise on late charges, explain the eviction process, and attempt
to answer any questions we shoot at them.

We don’t bother filing any complaints with the Bar as we have no confidence
they will do anything.

http://www.bootyourtenant.com/blog.html

http://www.wtsp.com/news/local/story.aspx?storyid=161051

http://bradentonsarasota.com/node/97671/related_links

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: 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 Andrew F.
Garofalo
Sent: Monday, May 20, 2013 10:03 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

I am with you Harry – it should be unlicensed practice of law to fill out
those forms whether the matter is contested or not.  Experienced lawyers can
easily make errors when it comes to navigating the residential landlord
tenant statutes – so I do not see how non-lawyers can be expected to help
others fill out eviction forms.

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

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.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 Heist, Weisse &
Wolk
Sent: Monday, May 20, 2013 9:53 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

Part of the reason for judges to be quick on the trigger is the plethora of
messed up cases prepared by "document preparing companies" using the pro-se
forms that the Florida Bar has so graciously provided to them.

It disgusts me.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: 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 Lainie J. Simon
Sent: Monday, May 20, 2013 9:47 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

Please keep us updated on this.  I feel for your!  Especially when you
explained to your client.

On May 16, 2013, at 4:31 PM, Joseph Alexander 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

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.

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

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

Harry,
 
I feel your frustration and have ran into similar situations, even seen non-lawyers representing people in contested court hearings and some of the Judges in PBC allow it to go on.  Most do not, but a few do.  I have also had clients contact me after a tenant's lawyer filed a Motion to Dismiss and because the 3 Day or other parts of the filings were done improperly by the "document prep service," I couldn't defend against the dismissal which, of course, resulted in taxing of attorneys' fees and costs. 
 
Maybe there should be a Landlord/Tenant UPL Subcommittee created to investigate and address the problem?
Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

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.

From: "Heist, Weisse & Wolk" harry@evict.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, May 20, 2013 10:22 AM
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice

They do not just "help others fill out the forms".  They routinely give advice, take charge of it from beginning to end, advertise on the street with impunity as they have no Bar to govern them.
 
If I got disbarred tomorrow, I could make a good living doing this. I would be under no advertising rules, and I would simply have an attorney on standby to attend court or file the default motion on contested cases.
 
These document preparers cause public harm and in some cases charge MORE than attorneys.  This guy Martin had the guts to come to a few of my classes, take my materials and solicit business in my classes.
 
The Florida Bar is more concerned about making ever changing and onerous advertising rules so the public is protected from us.
 
We have called many of these people up posing as landlords and they tell us how to prepare the Three Day Notices, they prepare the Three Day Notices, they offer to sign them, they offer to sign our name when we say we are out of town,  advise on late charges, explain the eviction process, and attempt to answer any questions we shoot at them.
 
We don’t bother filing any complaints with the Bar as we have no confidence they will do anything.
 
http://www.bootyourtenant.com/blog.html
 
http://www.wtsp.com/news/local/story.aspx?storyid=161051
 
http://bradentonsarasota.com/node/97671/related_links
 
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/
Email: harry@evict.com
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From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew F. Garofalo
Sent: Monday, May 20, 2013 10:03 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice
 
I am with you Harry – it should be unlicensed practice of law to fill out those forms whether the matter is contested or not.  Experienced lawyers can easily make errors when it comes to navigating the residential landlord tenant statutes – so I do not see how non-lawyers can be expected to help others fill out eviction forms. 
 
 
 
Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
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
http://www.garofalolaw.net/
 
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From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Monday, May 20, 2013 9:53 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice
 
Part of the reason for judges to be quick on the trigger is the plethora of messed up cases prepared by "document preparing companies" using the pro-se forms that the Florida Bar has so graciously provided to them.
 
It disgusts me. 
 
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/
Email: harry@evict.com
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From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie J. Simon
Sent: Monday, May 20, 2013 9:47 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] LLT: 3-Day Notice
 
Please keep us updated on this.  I feel for your!  Especially when you explained to your client.
 
 
On May 16, 2013, at 4:31 PM, Joseph Alexander 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,                          PThink 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
 
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Lainie J. Simon, Esq. 
185 NW Spanish River Boulevard 
Suite 220 
Boca Raton, FL  33431 
561.445.1361 
561.997.6224(fax) 

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