I agree with Carol and Harry, I too have delivered 3 day and 15 day notices. However, I deliver both at the same time and include some type of language to reconcile the notices, letting the tenant know that even if they pay the rent demanded during the 3 day notice time period they must still be out by the end of the current rental period as per the 15 day notice - and typically end up filing the case based on the 3 day notice.

I like the idea of seeking leave of court to serve the 15 day notice, as from a defense stand point I would argue that by serving the 15 day termination (I am assuming for the next rental period) you are admitting that your 3 day notice was defective in terminating the tenancy.

Lastly, Section 83.232 has plenty of case law - if the rent money is not timely in the registry your entitled to a judgment of possession, even if the rent is deposited late you get a judgment of possession and of course defenses are waived.

Good luck, let us know which way it goes.

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

--- jmazor@mazor.com wrote:

From: "Jeffrey Mazor" <jmazor@mazor.com>
To: <landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee
Date: Fri, 18 Jun 2010 15:48:22 -0400

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

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

Possible solutions?

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

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

I would appreciate any input or thoughts you may have.

Very truly yours,

Jeffrey R. Mazor, Esq.

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