LO
Law Offices of Scott A. Frank
Mon, Sep 5, 2011 11:55 AM
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but I'm
hoping you're reading e-mails for a very quick question (I have to file
something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without filing
the Answer or Motion to Determine Rent Paid into Registry, or do I file
everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss
would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com http://www.saflaw.com/
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless the
lease describes any charges "as rent".
I just had a Default Final Judgment vacated and a Writ of Possession quashed
and complaint dismissed because the landlord accepted rent 3X after
complaint filed.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks - quick residential question (from this commercial attorney) on the
need for a new 3-day notice to quit where there is a partial rent payment
accepted between the date of the original notice and the date the complaint
is filed.
Specifically - Tenant withheld part of July rent due to repairs and a demand
from the association (LL had been previously notified of need for repairs,
and tenant did in fact send invoices and itemization of deductions).
Landlord then sent a 3-day notice. Then in August, tenant again withheld
part of rent and made a partial payment. Next correspondence from the
landlord was the Complaint - no new 3-day notice.
So again the question is whether the lack of the new 3-day notice after
acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com http://www.saflaw.com/
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but I'm
hoping you're reading e-mails for a very quick question (I have to file
something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without filing
the Answer or Motion to Determine Rent Paid into Registry, or do I file
everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss
would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com <http://www.saflaw.com/>
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless the
lease describes any charges "as rent".
I just had a Default Final Judgment vacated and a Writ of Possession quashed
and complaint dismissed because the landlord accepted rent 3X after
complaint filed.
_____
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks - quick residential question (from this commercial attorney) on the
need for a new 3-day notice to quit where there is a partial rent payment
accepted between the date of the original notice and the date the complaint
is filed.
Specifically - Tenant withheld part of July rent due to repairs and a demand
from the association (LL had been previously notified of need for repairs,
and tenant did in fact send invoices and itemization of deductions).
Landlord then sent a 3-day notice. Then in August, tenant again withheld
part of rent and made a partial payment. Next correspondence from the
landlord was the Complaint - no new 3-day notice.
So again the question is whether the lack of the new 3-day notice after
acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com <http://www.saflaw.com/>
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
MF
Manuel Farach
Mon, Sep 5, 2011 1:14 PM
Scott
I'm out of the office, but my understanding is that motions are permissible in Summary Procedure actions under recent case law. You do, however, have to pay the demanded rent into the Registry unless a Motion to Determine Rent is filed and decided
Manny
Sent from my iPhone
On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank" <sfrank@saflaw.commailto:sfrank@saflaw.com> wrote:
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but I'm hoping you're reading e-mails for a very quick question (I have to file something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without filing the Answer or Motion to Determine Rent Paid into Registry, or do I file everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is required any only past due rent should be listed on the notice unless the lease describes any charges “as rent”.
I just had a Default Final Judgment vacated and a Writ of Possession quashed and complaint dismissed because the landlord accepted rent 3X after complaint filed.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks – quick residential question (from this commercial attorney) on the need for a new 3-day notice to quit where there is a partial rent payment accepted between the date of the original notice and the date the complaint is filed.
Specifically – Tenant withheld part of July rent due to repairs and a demand from the association (LL had been previously notified of need for repairs, and tenant did in fact send invoices and itemization of deductions). Landlord then sent a 3-day notice. Then in August, tenant again withheld part of rent and made a partial payment. Next correspondence from the landlord was the Complaint – no new 3-day notice.
So again the question is whether the lack of the new 3-day notice after acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Scott
I'm out of the office, but my understanding is that motions are permissible in Summary Procedure actions under recent case law. You do, however, have to pay the demanded rent into the Registry unless a Motion to Determine Rent is filed and decided
Manny
Sent from my iPhone
On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank" <sfrank@saflaw.com<mailto:sfrank@saflaw.com>> wrote:
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but I'm hoping you're reading e-mails for a very quick question (I have to file something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without filing the Answer or Motion to Determine Rent Paid into Registry, or do I file everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
<mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
<http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is required any only past due rent should be listed on the notice unless the lease describes any charges “as rent”.
I just had a Default Final Judgment vacated and a Writ of Possession quashed and complaint dismissed because the landlord accepted rent 3X after complaint filed.
________________________________
From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks – quick residential question (from this commercial attorney) on the need for a new 3-day notice to quit where there is a partial rent payment accepted between the date of the original notice and the date the complaint is filed.
Specifically – Tenant withheld part of July rent due to repairs and a demand from the association (LL had been previously notified of need for repairs, and tenant did in fact send invoices and itemization of deductions). Landlord then sent a 3-day notice. Then in August, tenant again withheld part of rent and made a partial payment. Next correspondence from the landlord was the Complaint – no new 3-day notice.
So again the question is whether the lack of the new 3-day notice after acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
<mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
<http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
LO
Law Offices of Scott A. Frank
Mon, Sep 5, 2011 1:22 PM
Thanks Manny.
On some further research, I believe I found my answer.
I am just filing one massive document - Answer, Affirmative Defenses, MTD
and Motion to Determine Rent. I figure better safe than sorry.
If anyone disagrees, please let me know.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott
I'm out of the office, but my understanding is that motions are permissible
in Summary Procedure actions under recent case law. You do, however, have to
pay the demanded rent into the Registry unless a Motion to Determine Rent is
filed and decided Manny
Sent from my iPhone
On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
<sfrank@saflaw.commailto:sfrank@saflaw.com> wrote:
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but I'm
hoping you're reading e-mails for a very quick question (I have to file
something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without filing
the Answer or Motion to Determine Rent Paid into Registry, or do I file
everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss
would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpp
tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard
Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless the
lease describes any charges as rent.
I just had a Default Final Judgment vacated and a Writ of Possession quashed
and complaint dismissed because the landlord accepted rent 3X after
complaint filed.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpp
tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law
Offices of Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks quick residential question (from this commercial attorney) on the
need for a new 3-day notice to quit where there is a partial rent payment
accepted between the date of the original notice and the date the complaint
is filed.
Specifically Tenant withheld part of July rent due to repairs and a demand
from the association (LL had been previously notified of need for repairs,
and tenant did in fact send invoices and itemization of deductions).
Landlord then sent a 3-day notice. Then in August, tenant again withheld
part of rent and made a partial payment. Next correspondence from the
landlord was the Complaint no new 3-day notice.
So again the question is whether the lack of the new 3-day notice after
acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Thanks Manny.
On some further research, I believe I found my answer.
I am just filing one massive document - Answer, Affirmative Defenses, MTD
and Motion to Determine Rent. I figure better safe than sorry.
If anyone disagrees, please let me know.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott
I'm out of the office, but my understanding is that motions are permissible
in Summary Procedure actions under recent case law. You do, however, have to
pay the demanded rent into the Registry unless a Motion to Determine Rent is
filed and decided Manny
Sent from my iPhone
On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
<sfrank@saflaw.com<mailto:sfrank@saflaw.com>> wrote:
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but I'm
hoping you're reading e-mails for a very quick question (I have to file
something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without filing
the Answer or Motion to Determine Rent Paid into Registry, or do I file
everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss
would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
<mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
<http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpp
tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard
Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless the
lease describes any charges as rent.
I just had a Default Final Judgment vacated and a Writ of Possession quashed
and complaint dismissed because the landlord accepted rent 3X after
complaint filed.
________________________________
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpp
tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law
Offices of Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks quick residential question (from this commercial attorney) on the
need for a new 3-day notice to quit where there is a partial rent payment
accepted between the date of the original notice and the date the complaint
is filed.
Specifically Tenant withheld part of July rent due to repairs and a demand
from the association (LL had been previously notified of need for repairs,
and tenant did in fact send invoices and itemization of deductions).
Landlord then sent a 3-day notice. Then in August, tenant again withheld
part of rent and made a partial payment. Next correspondence from the
landlord was the Complaint no new 3-day notice.
So again the question is whether the lack of the new 3-day notice after
acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
<mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
<http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________
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MF
Manuel Farach
Mon, Sep 5, 2011 1:23 PM
Yes, good idea
Don't forget to deposit the rent otherwise the motion/pleading will be struck
Sent from my iPhone
On Sep 5, 2011, at 9:20 AM, "Law Offices of Scott A. Frank" sfrank@saflaw.com wrote:
Thanks Manny.
On some further research, I believe I found my answer.
I am just filing one massive document - Answer, Affirmative Defenses, MTD
and Motion to Determine Rent. I figure better safe than sorry.
If anyone disagrees, please let me know.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott
I'm out of the office, but my understanding is that motions are permissible
in Summary Procedure actions under recent case law. You do, however, have to
pay the demanded rent into the Registry unless a Motion to Determine Rent is
filed and decided Manny
Sent from my iPhone
On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
<sfrank@saflaw.commailto:sfrank@saflaw.com> wrote:
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but I'm
hoping you're reading e-mails for a very quick question (I have to file
something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without filing
the Answer or Motion to Determine Rent Paid into Registry, or do I file
everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss
would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpp
tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard
Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless the
lease describes any charges "as rent".
I just had a Default Final Judgment vacated and a Writ of Possession quashed
and complaint dismissed because the landlord accepted rent 3X after
complaint filed.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpp
tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law
Offices of Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks - quick residential question (from this commercial attorney) on the
need for a new 3-day notice to quit where there is a partial rent payment
accepted between the date of the original notice and the date the complaint
is filed.
Specifically - Tenant withheld part of July rent due to repairs and a demand
from the association (LL had been previously notified of need for repairs,
and tenant did in fact send invoices and itemization of deductions).
Landlord then sent a 3-day notice. Then in August, tenant again withheld
part of rent and made a partial payment. Next correspondence from the
landlord was the Complaint - no new 3-day notice.
So again the question is whether the lack of the new 3-day notice after
acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Yes, good idea
Don't forget to deposit the rent otherwise the motion/pleading will be struck
Sent from my iPhone
On Sep 5, 2011, at 9:20 AM, "Law Offices of Scott A. Frank" <sfrank@saflaw.com> wrote:
> Thanks Manny.
>
> On some further research, I believe I found my answer.
>
> I am just filing one massive document - Answer, Affirmative Defenses, MTD
> and Motion to Determine Rent. I figure better safe than sorry.
>
> If anyone disagrees, please let me know.
>
> Scott A. Frank
> Attorney at Law
> LAW OFFICES OF SCOTT A. FRANK, P.A.
> 7781 NW Beacon Square Boulevard, Suite 102
> Boca Raton, FL 33487
> p: (561) 372-7860
> f: (561) 423-5721
> sfrank@saflaw.com
> www.saflaw.com
>
> If you believe that you have received this message in error, please notify
> the sender by reply transmission and delete the message without copying or
> disclosing it.
>
> Pursuant to Internal Revenue Service guidance, be advised that any federal
> tax advice contained in this written or electronic communication, including
> any attachments or enclosures, is not intended or written to be used and it
> cannot be used by any person or entity for the purpose of (i) avoiding any
> tax penalties that may be imposed by the Internal Revenue Service or any
> other U.S. Federal taxing authority or agency or (ii) promoting, marketing
> or recommending to another party any transaction or matter addressed herein.
>
>
> -----Original Message-----
> From: landten-bounces@lists.flabarrpptl.org
> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
> Sent: Monday, September 05, 2011 9:14 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>
> Scott
> I'm out of the office, but my understanding is that motions are permissible
> in Summary Procedure actions under recent case law. You do, however, have to
> pay the demanded rent into the Registry unless a Motion to Determine Rent is
> filed and decided Manny
>
> Sent from my iPhone
>
> On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
> <sfrank@saflaw.com<mailto:sfrank@saflaw.com>> wrote:
>
> Leonard:
>
> Thank you again for your assistance. And I know it's Labor Day, but I'm
> hoping you're reading e-mails for a very quick question (I have to file
> something on behalf of the defendant tomorrow).
>
> In the residential eviction, can I file a Motion to Dismiss without filing
> the Answer or Motion to Determine Rent Paid into Registry, or do I file
> everything together?
>
> Basically, I have three options:
> (i) File Motion to Dismiss only;
> (ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
> (iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss
> would instead be Affirmative Defenses in my Answer.
>
> Please advise if you can.
>
> Thanks again.
>
> Scott A. Frank
> Attorney at Law
> LAW OFFICES OF SCOTT A. FRANK, P.A.
> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
> p: (561) 372-7860
> f: (561) 423-5721
> <mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
> <http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
>
> If you believe that you have received this message in error, please notify
> the sender by reply transmission and delete the message without copying or
> disclosing it.
>
> Pursuant to Internal Revenue Service guidance, be advised that any federal
> tax advice contained in this written or electronic communication, including
> any attachments or enclosures, is not intended or written to be used and it
> cannot be used by any person or entity for the purpose of (i) avoiding any
> tax penalties that may be imposed by the Internal Revenue Service or any
> other U.S. Federal taxing authority or agency or (ii) promoting, marketing
> or recommending to another party any transaction or matter addressed herein.
>
> From:
> landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpp
> tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard
> Cabral
> Sent: Friday, August 26, 2011 2:56 PM
> To: 'RPPTL Landlord Tenant Committee'
> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>
> Scott:
> Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
> required any only past due rent should be listed on the notice unless the
> lease describes any charges "as rent".
>
> I just had a Default Final Judgment vacated and a Writ of Possession quashed
> and complaint dismissed because the landlord accepted rent 3X after
> complaint filed.
>
> ________________________________
> From:
> landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpp
> tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law
> Offices of Scott A. Frank
> Sent: Thursday, August 25, 2011 5:29 PM
> To: RPPTL Landlord Tenant Committee
> Subject: [RPPTL LandTen] Requirement for 3-day Notice
>
> Folks - quick residential question (from this commercial attorney) on the
> need for a new 3-day notice to quit where there is a partial rent payment
> accepted between the date of the original notice and the date the complaint
> is filed.
>
> Specifically - Tenant withheld part of July rent due to repairs and a demand
> from the association (LL had been previously notified of need for repairs,
> and tenant did in fact send invoices and itemization of deductions).
> Landlord then sent a 3-day notice. Then in August, tenant again withheld
> part of rent and made a partial payment. Next correspondence from the
> landlord was the Complaint - no new 3-day notice.
>
> So again the question is whether the lack of the new 3-day notice after
> acceptance of partial rent precludes the eviction?
>
> Any and all thoughts, ideas, etc. are most welcome.
>
> Thanks.
>
> Scott A. Frank
> Attorney at Law
> LAW OFFICES OF SCOTT A. FRANK, P.A.
> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
> p: (561) 372-7860
> f: (561) 423-5721
> <mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
> <http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
>
> If you believe that you have received this message in error, please notify
> the sender by reply transmission and delete the message without copying or
> disclosing it.
>
> Pursuant to Internal Revenue Service guidance, be advised that any federal
> tax advice contained in this written or electronic communication, including
> any attachments or enclosures, is not intended or written to be used and it
> cannot be used by any person or entity for the purpose of (i) avoiding any
> tax penalties that may be imposed by the Internal Revenue Service or any
> other U.S. Federal taxing authority or agency or (ii) promoting, marketing
> or recommending to another party any transaction or matter addressed herein.
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
> http://mailman.fsr.com/mailman/listinfo/landten
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
LO
Law Offices of Scott A. Frank
Mon, Sep 5, 2011 1:31 PM
Thanks.
We are not paying anything at the filing. That is what the Motion to
Determine is for. Our contention is that nothing is due (tenant paid part
of rent to association after demand pursuant to 720.3085, deducted part as
reimbursement of repairs - prior notice was delivered and itemization of
deductions was provided at time of payment - and paid the remainder to
landlord).
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:23 AM
To: RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Yes, good idea
Don't forget to deposit the rent otherwise the motion/pleading will be
struck
Sent from my iPhone
On Sep 5, 2011, at 9:20 AM, "Law Offices of Scott A. Frank"
sfrank@saflaw.com wrote:
Thanks Manny.
On some further research, I believe I found my answer.
I am just filing one massive document - Answer, Affirmative Defenses,
MTD and Motion to Determine Rent. I figure better safe than sorry.
If anyone disagrees, please let me know.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not
intended or written to be used and it cannot be used by any person or
entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel
Farach
Sent: Monday, September 05, 2011 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott
I'm out of the office, but my understanding is that motions are
permissible in Summary Procedure actions under recent case law. You
do, however, have to pay the demanded rent into the Registry unless a
Motion to Determine Rent is filed and decided Manny
Sent from my iPhone
On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
<sfrank@saflaw.commailto:sfrank@saflaw.com> wrote:
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but
I'm hoping you're reading e-mails for a very quick question (I have to
file something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without
filing the Answer or Motion to Determine Rent Paid into Registry, or
do I file everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to
Dismiss would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not
intended or written to be used and it cannot be used by any person or
entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless
the lease describes any charges "as rent".
I just had a Default Final Judgment vacated and a Writ of Possession
quashed and complaint dismissed because the landlord accepted rent 3X
after complaint filed.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
Behalf Of Law Offices of Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks - quick residential question (from this commercial attorney) on
the need for a new 3-day notice to quit where there is a partial rent
payment accepted between the date of the original notice and the date
the complaint is filed.
Specifically - Tenant withheld part of July rent due to repairs and a
demand from the association (LL had been previously notified of need
for repairs, and tenant did in fact send invoices and itemization of
Landlord then sent a 3-day notice. Then in August, tenant again
withheld part of rent and made a partial payment. Next correspondence
from the landlord was the Complaint - no new 3-day notice.
So again the question is whether the lack of the new 3-day notice
after acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not
intended or written to be used and it cannot be used by any person or
entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
Thanks.
We are not paying anything at the filing. That is what the Motion to
Determine is for. Our contention is that nothing is due (tenant paid part
of rent to association after demand pursuant to 720.3085, deducted part as
reimbursement of repairs - prior notice was delivered and itemization of
deductions was provided at time of payment - and paid the remainder to
landlord).
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:23 AM
To: RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Yes, good idea
Don't forget to deposit the rent otherwise the motion/pleading will be
struck
Sent from my iPhone
On Sep 5, 2011, at 9:20 AM, "Law Offices of Scott A. Frank"
<sfrank@saflaw.com> wrote:
> Thanks Manny.
>
> On some further research, I believe I found my answer.
>
> I am just filing one massive document - Answer, Affirmative Defenses,
> MTD and Motion to Determine Rent. I figure better safe than sorry.
>
> If anyone disagrees, please let me know.
>
> Scott A. Frank
> Attorney at Law
> LAW OFFICES OF SCOTT A. FRANK, P.A.
> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
> p: (561) 372-7860
> f: (561) 423-5721
> sfrank@saflaw.com
> www.saflaw.com
>
> If you believe that you have received this message in error, please
> notify the sender by reply transmission and delete the message without
> copying or disclosing it.
>
> Pursuant to Internal Revenue Service guidance, be advised that any
> federal tax advice contained in this written or electronic
> communication, including any attachments or enclosures, is not
> intended or written to be used and it cannot be used by any person or
> entity for the purpose of (i) avoiding any tax penalties that may be
> imposed by the Internal Revenue Service or any other U.S. Federal
> taxing authority or agency or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
>
>
> -----Original Message-----
> From: landten-bounces@lists.flabarrpptl.org
> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel
> Farach
> Sent: Monday, September 05, 2011 9:14 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>
> Scott
> I'm out of the office, but my understanding is that motions are
> permissible in Summary Procedure actions under recent case law. You
> do, however, have to pay the demanded rent into the Registry unless a
> Motion to Determine Rent is filed and decided Manny
>
> Sent from my iPhone
>
> On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
> <sfrank@saflaw.com<mailto:sfrank@saflaw.com>> wrote:
>
> Leonard:
>
> Thank you again for your assistance. And I know it's Labor Day, but
> I'm hoping you're reading e-mails for a very quick question (I have to
> file something on behalf of the defendant tomorrow).
>
> In the residential eviction, can I file a Motion to Dismiss without
> filing the Answer or Motion to Determine Rent Paid into Registry, or
> do I file everything together?
>
> Basically, I have three options:
> (i) File Motion to Dismiss only;
> (ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
> (iii) File Answer and Motion to Determine Rent, where my Motion to
> Dismiss would instead be Affirmative Defenses in my Answer.
>
> Please advise if you can.
>
> Thanks again.
>
> Scott A. Frank
> Attorney at Law
> LAW OFFICES OF SCOTT A. FRANK, P.A.
> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
> p: (561) 372-7860
> f: (561) 423-5721
> <mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
> <http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
>
> If you believe that you have received this message in error, please
> notify the sender by reply transmission and delete the message without
> copying or disclosing it.
>
> Pursuant to Internal Revenue Service guidance, be advised that any
> federal tax advice contained in this written or electronic
> communication, including any attachments or enclosures, is not
> intended or written to be used and it cannot be used by any person or
> entity for the purpose of (i) avoiding any tax penalties that may be
> imposed by the Internal Revenue Service or any other U.S. Federal
> taxing authority or agency or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
>
> From:
> landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
> barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
> Behalf Of Leonard Cabral
> Sent: Friday, August 26, 2011 2:56 PM
> To: 'RPPTL Landlord Tenant Committee'
> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>
> Scott:
> Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
> required any only past due rent should be listed on the notice unless
> the lease describes any charges "as rent".
>
> I just had a Default Final Judgment vacated and a Writ of Possession
> quashed and complaint dismissed because the landlord accepted rent 3X
> after complaint filed.
>
> ________________________________
> From:
> landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
> barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
> Behalf Of Law Offices of Scott A. Frank
> Sent: Thursday, August 25, 2011 5:29 PM
> To: RPPTL Landlord Tenant Committee
> Subject: [RPPTL LandTen] Requirement for 3-day Notice
>
> Folks - quick residential question (from this commercial attorney) on
> the need for a new 3-day notice to quit where there is a partial rent
> payment accepted between the date of the original notice and the date
> the complaint is filed.
>
> Specifically - Tenant withheld part of July rent due to repairs and a
> demand from the association (LL had been previously notified of need
> for repairs, and tenant did in fact send invoices and itemization of
deductions).
> Landlord then sent a 3-day notice. Then in August, tenant again
> withheld part of rent and made a partial payment. Next correspondence
> from the landlord was the Complaint - no new 3-day notice.
>
> So again the question is whether the lack of the new 3-day notice
> after acceptance of partial rent precludes the eviction?
>
> Any and all thoughts, ideas, etc. are most welcome.
>
> Thanks.
>
> Scott A. Frank
> Attorney at Law
> LAW OFFICES OF SCOTT A. FRANK, P.A.
> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
> p: (561) 372-7860
> f: (561) 423-5721
> <mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
> <http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
>
> If you believe that you have received this message in error, please
> notify the sender by reply transmission and delete the message without
> copying or disclosing it.
>
> Pursuant to Internal Revenue Service guidance, be advised that any
> federal tax advice contained in this written or electronic
> communication, including any attachments or enclosures, is not
> intended or written to be used and it cannot be used by any person or
> entity for the purpose of (i) avoiding any tax penalties that may be
> imposed by the Internal Revenue Service or any other U.S. Federal
> taxing authority or agency or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
> http://mailman.fsr.com/mailman/listinfo/landten
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
MF
Manuel Farach
Mon, Sep 5, 2011 1:33 PM
That should get you there; good luck
Sent from my iPhone
On Sep 5, 2011, at 9:30 AM, "Law Offices of Scott A. Frank" sfrank@saflaw.com wrote:
Thanks.
We are not paying anything at the filing. That is what the Motion to
Determine is for. Our contention is that nothing is due (tenant paid part
of rent to association after demand pursuant to 720.3085, deducted part as
reimbursement of repairs - prior notice was delivered and itemization of
deductions was provided at time of payment - and paid the remainder to
landlord).
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:23 AM
To: RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Yes, good idea
Don't forget to deposit the rent otherwise the motion/pleading will be
struck
Sent from my iPhone
On Sep 5, 2011, at 9:20 AM, "Law Offices of Scott A. Frank"
sfrank@saflaw.com wrote:
Thanks Manny.
On some further research, I believe I found my answer.
I am just filing one massive document - Answer, Affirmative Defenses,
MTD and Motion to Determine Rent. I figure better safe than sorry.
If anyone disagrees, please let me know.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not
intended or written to be used and it cannot be used by any person or
entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel
Farach
Sent: Monday, September 05, 2011 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott
I'm out of the office, but my understanding is that motions are
permissible in Summary Procedure actions under recent case law. You
do, however, have to pay the demanded rent into the Registry unless a
Motion to Determine Rent is filed and decided Manny
Sent from my iPhone
On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
<sfrank@saflaw.commailto:sfrank@saflaw.com> wrote:
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but
I'm hoping you're reading e-mails for a very quick question (I have to
file something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without
filing the Answer or Motion to Determine Rent Paid into Registry, or
do I file everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to
Dismiss would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not
intended or written to be used and it cannot be used by any person or
entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless
the lease describes any charges "as rent".
I just had a Default Final Judgment vacated and a Writ of Possession
quashed and complaint dismissed because the landlord accepted rent 3X
after complaint filed.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
Behalf Of Law Offices of Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks - quick residential question (from this commercial attorney) on
the need for a new 3-day notice to quit where there is a partial rent
payment accepted between the date of the original notice and the date
the complaint is filed.
Specifically - Tenant withheld part of July rent due to repairs and a
demand from the association (LL had been previously notified of need
for repairs, and tenant did in fact send invoices and itemization of
Landlord then sent a 3-day notice. Then in August, tenant again
withheld part of rent and made a partial payment. Next correspondence
from the landlord was the Complaint - no new 3-day notice.
So again the question is whether the lack of the new 3-day notice
after acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not
intended or written to be used and it cannot be used by any person or
entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
That should get you there; good luck
Sent from my iPhone
On Sep 5, 2011, at 9:30 AM, "Law Offices of Scott A. Frank" <sfrank@saflaw.com> wrote:
> Thanks.
>
> We are not paying anything at the filing. That is what the Motion to
> Determine is for. Our contention is that nothing is due (tenant paid part
> of rent to association after demand pursuant to 720.3085, deducted part as
> reimbursement of repairs - prior notice was delivered and itemization of
> deductions was provided at time of payment - and paid the remainder to
> landlord).
>
>
>
> Scott A. Frank
> Attorney at Law
> LAW OFFICES OF SCOTT A. FRANK, P.A.
> 7781 NW Beacon Square Boulevard, Suite 102
> Boca Raton, FL 33487
> p: (561) 372-7860
> f: (561) 423-5721
> sfrank@saflaw.com
> www.saflaw.com
>
> If you believe that you have received this message in error, please notify
> the sender by reply transmission and delete the message without copying or
> disclosing it.
>
> Pursuant to Internal Revenue Service guidance, be advised that any federal
> tax advice contained in this written or electronic communication, including
> any attachments or enclosures, is not intended or written to be used and it
> cannot be used by any person or entity for the purpose of (i) avoiding any
> tax penalties that may be imposed by the Internal Revenue Service or any
> other U.S. Federal taxing authority or agency or (ii) promoting, marketing
> or recommending to another party any transaction or matter addressed herein.
>
>
> -----Original Message-----
> From: landten-bounces@lists.flabarrpptl.org
> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
> Sent: Monday, September 05, 2011 9:23 AM
> To: RPPTL Landlord Tenant Committee
> Cc: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>
> Yes, good idea
> Don't forget to deposit the rent otherwise the motion/pleading will be
> struck
>
> Sent from my iPhone
>
> On Sep 5, 2011, at 9:20 AM, "Law Offices of Scott A. Frank"
> <sfrank@saflaw.com> wrote:
>
>> Thanks Manny.
>>
>> On some further research, I believe I found my answer.
>>
>> I am just filing one massive document - Answer, Affirmative Defenses,
>> MTD and Motion to Determine Rent. I figure better safe than sorry.
>>
>> If anyone disagrees, please let me know.
>>
>> Scott A. Frank
>> Attorney at Law
>> LAW OFFICES OF SCOTT A. FRANK, P.A.
>> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
>> p: (561) 372-7860
>> f: (561) 423-5721
>> sfrank@saflaw.com
>> www.saflaw.com
>>
>> If you believe that you have received this message in error, please
>> notify the sender by reply transmission and delete the message without
>> copying or disclosing it.
>>
>> Pursuant to Internal Revenue Service guidance, be advised that any
>> federal tax advice contained in this written or electronic
>> communication, including any attachments or enclosures, is not
>> intended or written to be used and it cannot be used by any person or
>> entity for the purpose of (i) avoiding any tax penalties that may be
>> imposed by the Internal Revenue Service or any other U.S. Federal
>> taxing authority or agency or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed herein.
>>
>>
>> -----Original Message-----
>> From: landten-bounces@lists.flabarrpptl.org
>> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel
>> Farach
>> Sent: Monday, September 05, 2011 9:14 AM
>> To: RPPTL Landlord Tenant Committee
>> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>>
>> Scott
>> I'm out of the office, but my understanding is that motions are
>> permissible in Summary Procedure actions under recent case law. You
>> do, however, have to pay the demanded rent into the Registry unless a
>> Motion to Determine Rent is filed and decided Manny
>>
>> Sent from my iPhone
>>
>> On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
>> <sfrank@saflaw.com<mailto:sfrank@saflaw.com>> wrote:
>>
>> Leonard:
>>
>> Thank you again for your assistance. And I know it's Labor Day, but
>> I'm hoping you're reading e-mails for a very quick question (I have to
>> file something on behalf of the defendant tomorrow).
>>
>> In the residential eviction, can I file a Motion to Dismiss without
>> filing the Answer or Motion to Determine Rent Paid into Registry, or
>> do I file everything together?
>>
>> Basically, I have three options:
>> (i) File Motion to Dismiss only;
>> (ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
>> (iii) File Answer and Motion to Determine Rent, where my Motion to
>> Dismiss would instead be Affirmative Defenses in my Answer.
>>
>> Please advise if you can.
>>
>> Thanks again.
>>
>> Scott A. Frank
>> Attorney at Law
>> LAW OFFICES OF SCOTT A. FRANK, P.A.
>> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
>> p: (561) 372-7860
>> f: (561) 423-5721
>> <mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
>> <http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
>>
>> If you believe that you have received this message in error, please
>> notify the sender by reply transmission and delete the message without
>> copying or disclosing it.
>>
>> Pursuant to Internal Revenue Service guidance, be advised that any
>> federal tax advice contained in this written or electronic
>> communication, including any attachments or enclosures, is not
>> intended or written to be used and it cannot be used by any person or
>> entity for the purpose of (i) avoiding any tax penalties that may be
>> imposed by the Internal Revenue Service or any other U.S. Federal
>> taxing authority or agency or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed herein.
>>
>> From:
>> landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
>> barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
>> Behalf Of Leonard Cabral
>> Sent: Friday, August 26, 2011 2:56 PM
>> To: 'RPPTL Landlord Tenant Committee'
>> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>>
>> Scott:
>> Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
>> required any only past due rent should be listed on the notice unless
>> the lease describes any charges "as rent".
>>
>> I just had a Default Final Judgment vacated and a Writ of Possession
>> quashed and complaint dismissed because the landlord accepted rent 3X
>> after complaint filed.
>>
>> ________________________________
>> From:
>> landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
>> barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
>> Behalf Of Law Offices of Scott A. Frank
>> Sent: Thursday, August 25, 2011 5:29 PM
>> To: RPPTL Landlord Tenant Committee
>> Subject: [RPPTL LandTen] Requirement for 3-day Notice
>>
>> Folks - quick residential question (from this commercial attorney) on
>> the need for a new 3-day notice to quit where there is a partial rent
>> payment accepted between the date of the original notice and the date
>> the complaint is filed.
>>
>> Specifically - Tenant withheld part of July rent due to repairs and a
>> demand from the association (LL had been previously notified of need
>> for repairs, and tenant did in fact send invoices and itemization of
> deductions).
>> Landlord then sent a 3-day notice. Then in August, tenant again
>> withheld part of rent and made a partial payment. Next correspondence
>> from the landlord was the Complaint - no new 3-day notice.
>>
>> So again the question is whether the lack of the new 3-day notice
>> after acceptance of partial rent precludes the eviction?
>>
>> Any and all thoughts, ideas, etc. are most welcome.
>>
>> Thanks.
>>
>> Scott A. Frank
>> Attorney at Law
>> LAW OFFICES OF SCOTT A. FRANK, P.A.
>> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
>> p: (561) 372-7860
>> f: (561) 423-5721
>> <mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
>> <http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
>>
>> If you believe that you have received this message in error, please
>> notify the sender by reply transmission and delete the message without
>> copying or disclosing it.
>>
>> Pursuant to Internal Revenue Service guidance, be advised that any
>> federal tax advice contained in this written or electronic
>> communication, including any attachments or enclosures, is not
>> intended or written to be used and it cannot be used by any person or
>> entity for the purpose of (i) avoiding any tax penalties that may be
>> imposed by the Internal Revenue Service or any other U.S. Federal
>> taxing authority or agency or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed herein.
>>
>> _______________________________________________
>> landten mailing list
>> landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
>> http://mailman.fsr.com/mailman/listinfo/landten
>>
>> _______________________________________________
>> landten mailing list
>> landten@lists.flabarrpptl.org
>> http://mailman.fsr.com/mailman/listinfo/landten
>>
>>
>>
>> _______________________________________________
>> landten mailing list
>> landten@lists.flabarrpptl.org
>> http://mailman.fsr.com/mailman/listinfo/landten
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
LC
Leonard Cabral
Mon, Sep 5, 2011 5:58 PM
Scott:
Unfortunately I am reading my e-mail. What ever happened to the 4 day work
week after 60?
According to Summary Procedure, Chapter 51 and the supporting case law,
motion practice is NOT allowed. You must file an Answer, Affirmative
Defenses, AND a Motion to Dismiss AND Motion to Determine rent (ALL
RESPONSIVE PLEADIGS) Motion to Determine Rent must either allege PAYMENT or
you must document, by exhibits of the amount paid and post the undisputed
amount of $$ into the registry of the Court. The client must pay the rent
into the registry of the Court as it comes due. (September is now due) or a
motion for default for failure to post the rent will result in a default
Final Judgment.
I have filed affirmative defenses as a motion to dismiss but I hate to
confuse judges and educate them. So I do not do them anymore. I do put
"based on the above affirmative defenses this case should be dismissed for
failure to state a cause of action, award costs and attorney fees and any
other relief the courts deem necessary and just."
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:33 AM
To: RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
That should get you there; good luck
Sent from my iPhone
On Sep 5, 2011, at 9:30 AM, "Law Offices of Scott A. Frank"
sfrank@saflaw.com wrote:
Thanks.
We are not paying anything at the filing. That is what the Motion to
Determine is for. Our contention is that nothing is due (tenant paid part
of rent to association after demand pursuant to 720.3085, deducted part as
reimbursement of repairs - prior notice was delivered and itemization of
deductions was provided at time of payment - and paid the remainder to
landlord).
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication,
any attachments or enclosures, is not intended or written to be used and
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:23 AM
To: RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Yes, good idea
Don't forget to deposit the rent otherwise the motion/pleading will be
struck
Sent from my iPhone
On Sep 5, 2011, at 9:20 AM, "Law Offices of Scott A. Frank"
sfrank@saflaw.com wrote:
Thanks Manny.
On some further research, I believe I found my answer.
I am just filing one massive document - Answer, Affirmative Defenses,
MTD and Motion to Determine Rent. I figure better safe than sorry.
If anyone disagrees, please let me know.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not
intended or written to be used and it cannot be used by any person or
entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending
another party any transaction or matter addressed herein.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel
Farach
Sent: Monday, September 05, 2011 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott
I'm out of the office, but my understanding is that motions are
permissible in Summary Procedure actions under recent case law. You
do, however, have to pay the demanded rent into the Registry unless a
Motion to Determine Rent is filed and decided Manny
Sent from my iPhone
On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
<sfrank@saflaw.commailto:sfrank@saflaw.com> wrote:
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but
I'm hoping you're reading e-mails for a very quick question (I have to
file something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without
filing the Answer or Motion to Determine Rent Paid into Registry, or
do I file everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to
Dismiss would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not
intended or written to be used and it cannot be used by any person or
entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending
another party any transaction or matter addressed herein.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless
the lease describes any charges "as rent".
I just had a Default Final Judgment vacated and a Writ of Possession
quashed and complaint dismissed because the landlord accepted rent 3X
after complaint filed.
From:
landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
Behalf Of Law Offices of Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks - quick residential question (from this commercial attorney) on
the need for a new 3-day notice to quit where there is a partial rent
payment accepted between the date of the original notice and the date
the complaint is filed.
Specifically - Tenant withheld part of July rent due to repairs and a
demand from the association (LL had been previously notified of need
for repairs, and tenant did in fact send invoices and itemization of
Landlord then sent a 3-day notice. Then in August, tenant again
withheld part of rent and made a partial payment. Next correspondence
from the landlord was the Complaint - no new 3-day notice.
So again the question is whether the lack of the new 3-day notice
after acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
mailto:sfrank@saflaw.comsfrank@saflaw.commailto:sfrank@saflaw.com
http://www.saflaw.com/www.saflaw.comhttp://www.saflaw.com
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not
intended or written to be used and it cannot be used by any person or
entity for the purpose of (i) avoiding any tax penalties that may be
imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending
another party any transaction or matter addressed herein.
Scott:
Unfortunately I am reading my e-mail. What ever happened to the 4 day work
week after 60?
According to Summary Procedure, Chapter 51 and the supporting case law,
motion practice is NOT allowed. You must file an Answer, Affirmative
Defenses, AND a Motion to Dismiss AND Motion to Determine rent (ALL
RESPONSIVE PLEADIGS) Motion to Determine Rent must either allege PAYMENT or
you must document, by exhibits of the amount paid and post the undisputed
amount of $$ into the registry of the Court. The client must pay the rent
into the registry of the Court as it comes due. (September is now due) or a
motion for default for failure to post the rent will result in a default
Final Judgment.
I have filed affirmative defenses as a motion to dismiss but I hate to
confuse judges and educate them. So I do not do them anymore. I do put
"based on the above affirmative defenses this case should be dismissed for
failure to state a cause of action, award costs and attorney fees and any
other relief the courts deem necessary and just."
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, September 05, 2011 9:33 AM
To: RPPTL Landlord Tenant Committee
Cc: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
That should get you there; good luck
Sent from my iPhone
On Sep 5, 2011, at 9:30 AM, "Law Offices of Scott A. Frank"
<sfrank@saflaw.com> wrote:
> Thanks.
>
> We are not paying anything at the filing. That is what the Motion to
> Determine is for. Our contention is that nothing is due (tenant paid part
> of rent to association after demand pursuant to 720.3085, deducted part as
> reimbursement of repairs - prior notice was delivered and itemization of
> deductions was provided at time of payment - and paid the remainder to
> landlord).
>
>
>
> Scott A. Frank
> Attorney at Law
> LAW OFFICES OF SCOTT A. FRANK, P.A.
> 7781 NW Beacon Square Boulevard, Suite 102
> Boca Raton, FL 33487
> p: (561) 372-7860
> f: (561) 423-5721
> sfrank@saflaw.com
> www.saflaw.com
>
> If you believe that you have received this message in error, please notify
> the sender by reply transmission and delete the message without copying or
> disclosing it.
>
> Pursuant to Internal Revenue Service guidance, be advised that any federal
> tax advice contained in this written or electronic communication,
including
> any attachments or enclosures, is not intended or written to be used and
it
> cannot be used by any person or entity for the purpose of (i) avoiding any
> tax penalties that may be imposed by the Internal Revenue Service or any
> other U.S. Federal taxing authority or agency or (ii) promoting, marketing
> or recommending to another party any transaction or matter addressed
herein.
>
>
> -----Original Message-----
> From: landten-bounces@lists.flabarrpptl.org
> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
> Sent: Monday, September 05, 2011 9:23 AM
> To: RPPTL Landlord Tenant Committee
> Cc: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>
> Yes, good idea
> Don't forget to deposit the rent otherwise the motion/pleading will be
> struck
>
> Sent from my iPhone
>
> On Sep 5, 2011, at 9:20 AM, "Law Offices of Scott A. Frank"
> <sfrank@saflaw.com> wrote:
>
>> Thanks Manny.
>>
>> On some further research, I believe I found my answer.
>>
>> I am just filing one massive document - Answer, Affirmative Defenses,
>> MTD and Motion to Determine Rent. I figure better safe than sorry.
>>
>> If anyone disagrees, please let me know.
>>
>> Scott A. Frank
>> Attorney at Law
>> LAW OFFICES OF SCOTT A. FRANK, P.A.
>> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
>> p: (561) 372-7860
>> f: (561) 423-5721
>> sfrank@saflaw.com
>> www.saflaw.com
>>
>> If you believe that you have received this message in error, please
>> notify the sender by reply transmission and delete the message without
>> copying or disclosing it.
>>
>> Pursuant to Internal Revenue Service guidance, be advised that any
>> federal tax advice contained in this written or electronic
>> communication, including any attachments or enclosures, is not
>> intended or written to be used and it cannot be used by any person or
>> entity for the purpose of (i) avoiding any tax penalties that may be
>> imposed by the Internal Revenue Service or any other U.S. Federal
>> taxing authority or agency or (ii) promoting, marketing or recommending
to
> another party any transaction or matter addressed herein.
>>
>>
>> -----Original Message-----
>> From: landten-bounces@lists.flabarrpptl.org
>> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel
>> Farach
>> Sent: Monday, September 05, 2011 9:14 AM
>> To: RPPTL Landlord Tenant Committee
>> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>>
>> Scott
>> I'm out of the office, but my understanding is that motions are
>> permissible in Summary Procedure actions under recent case law. You
>> do, however, have to pay the demanded rent into the Registry unless a
>> Motion to Determine Rent is filed and decided Manny
>>
>> Sent from my iPhone
>>
>> On Sep 5, 2011, at 7:54 AM, "Law Offices of Scott A. Frank"
>> <sfrank@saflaw.com<mailto:sfrank@saflaw.com>> wrote:
>>
>> Leonard:
>>
>> Thank you again for your assistance. And I know it's Labor Day, but
>> I'm hoping you're reading e-mails for a very quick question (I have to
>> file something on behalf of the defendant tomorrow).
>>
>> In the residential eviction, can I file a Motion to Dismiss without
>> filing the Answer or Motion to Determine Rent Paid into Registry, or
>> do I file everything together?
>>
>> Basically, I have three options:
>> (i) File Motion to Dismiss only;
>> (ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
>> (iii) File Answer and Motion to Determine Rent, where my Motion to
>> Dismiss would instead be Affirmative Defenses in my Answer.
>>
>> Please advise if you can.
>>
>> Thanks again.
>>
>> Scott A. Frank
>> Attorney at Law
>> LAW OFFICES OF SCOTT A. FRANK, P.A.
>> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
>> p: (561) 372-7860
>> f: (561) 423-5721
>> <mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
>> <http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
>>
>> If you believe that you have received this message in error, please
>> notify the sender by reply transmission and delete the message without
>> copying or disclosing it.
>>
>> Pursuant to Internal Revenue Service guidance, be advised that any
>> federal tax advice contained in this written or electronic
>> communication, including any attachments or enclosures, is not
>> intended or written to be used and it cannot be used by any person or
>> entity for the purpose of (i) avoiding any tax penalties that may be
>> imposed by the Internal Revenue Service or any other U.S. Federal
>> taxing authority or agency or (ii) promoting, marketing or recommending
to
> another party any transaction or matter addressed herein.
>>
>> From:
>> landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
>> barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
>> Behalf Of Leonard Cabral
>> Sent: Friday, August 26, 2011 2:56 PM
>> To: 'RPPTL Landlord Tenant Committee'
>> Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
>>
>> Scott:
>> Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
>> required any only past due rent should be listed on the notice unless
>> the lease describes any charges "as rent".
>>
>> I just had a Default Final Judgment vacated and a Writ of Possession
>> quashed and complaint dismissed because the landlord accepted rent 3X
>> after complaint filed.
>>
>> ________________________________
>> From:
>> landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.fla
>> barrpp tl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On
>> Behalf Of Law Offices of Scott A. Frank
>> Sent: Thursday, August 25, 2011 5:29 PM
>> To: RPPTL Landlord Tenant Committee
>> Subject: [RPPTL LandTen] Requirement for 3-day Notice
>>
>> Folks - quick residential question (from this commercial attorney) on
>> the need for a new 3-day notice to quit where there is a partial rent
>> payment accepted between the date of the original notice and the date
>> the complaint is filed.
>>
>> Specifically - Tenant withheld part of July rent due to repairs and a
>> demand from the association (LL had been previously notified of need
>> for repairs, and tenant did in fact send invoices and itemization of
> deductions).
>> Landlord then sent a 3-day notice. Then in August, tenant again
>> withheld part of rent and made a partial payment. Next correspondence
>> from the landlord was the Complaint - no new 3-day notice.
>>
>> So again the question is whether the lack of the new 3-day notice
>> after acceptance of partial rent precludes the eviction?
>>
>> Any and all thoughts, ideas, etc. are most welcome.
>>
>> Thanks.
>>
>> Scott A. Frank
>> Attorney at Law
>> LAW OFFICES OF SCOTT A. FRANK, P.A.
>> 7781 NW Beacon Square Boulevard, Suite 102 Boca Raton, FL 33487
>> p: (561) 372-7860
>> f: (561) 423-5721
>> <mailto:sfrank@saflaw.com>sfrank@saflaw.com<mailto:sfrank@saflaw.com>
>> <http://www.saflaw.com/>www.saflaw.com<http://www.saflaw.com>
>>
>> If you believe that you have received this message in error, please
>> notify the sender by reply transmission and delete the message without
>> copying or disclosing it.
>>
>> Pursuant to Internal Revenue Service guidance, be advised that any
>> federal tax advice contained in this written or electronic
>> communication, including any attachments or enclosures, is not
>> intended or written to be used and it cannot be used by any person or
>> entity for the purpose of (i) avoiding any tax penalties that may be
>> imposed by the Internal Revenue Service or any other U.S. Federal
>> taxing authority or agency or (ii) promoting, marketing or recommending
to
> another party any transaction or matter addressed herein.
>>
>> _______________________________________________
>> landten mailing list
>> landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
>> http://mailman.fsr.com/mailman/listinfo/landten
>>
>> _______________________________________________
>> landten mailing list
>> landten@lists.flabarrpptl.org
>> http://mailman.fsr.com/mailman/listinfo/landten
>>
>>
>>
>> _______________________________________________
>> landten mailing list
>> landten@lists.flabarrpptl.org
>> http://mailman.fsr.com/mailman/listinfo/landten
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
LC
Leonard Cabral
Mon, Sep 5, 2011 6:02 PM
Reading my e-mails backwards so you should have your answer. File everything
at one time and attach any supporting documents to the motion to determine
rent.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank
Sent: Monday, September 05, 2011 7:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but I'm
hoping you're reading e-mails for a very quick question (I have to file
something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without filing
the Answer or Motion to Determine Rent Paid into Registry, or do I file
everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss
would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com http://www.saflaw.com/
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless the
lease describes any charges "as rent".
I just had a Default Final Judgment vacated and a Writ of Possession quashed
and complaint dismissed because the landlord accepted rent 3X after
complaint filed.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks - quick residential question (from this commercial attorney) on the
need for a new 3-day notice to quit where there is a partial rent payment
accepted between the date of the original notice and the date the complaint
is filed.
Specifically - Tenant withheld part of July rent due to repairs and a demand
from the association (LL had been previously notified of need for repairs,
and tenant did in fact send invoices and itemization of deductions).
Landlord then sent a 3-day notice. Then in August, tenant again withheld
part of rent and made a partial payment. Next correspondence from the
landlord was the Complaint - no new 3-day notice.
So again the question is whether the lack of the new 3-day notice after
acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com http://www.saflaw.com/
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
Reading my e-mails backwards so you should have your answer. File everything
at one time and attach any supporting documents to the motion to determine
rent.
_____
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank
Sent: Monday, September 05, 2011 7:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Leonard:
Thank you again for your assistance. And I know it's Labor Day, but I'm
hoping you're reading e-mails for a very quick question (I have to file
something on behalf of the defendant tomorrow).
In the residential eviction, can I file a Motion to Dismiss without filing
the Answer or Motion to Determine Rent Paid into Registry, or do I file
everything together?
Basically, I have three options:
(i) File Motion to Dismiss only;
(ii) File Answer, Motion to Determine Rent and Motion to Dismiss, or
(iii) File Answer and Motion to Determine Rent, where my Motion to Dismiss
would instead be Affirmative Defenses in my Answer.
Please advise if you can.
Thanks again.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com <http://www.saflaw.com/>
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 26, 2011 2:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Requirement for 3-day Notice
Scott:
Acceptance of Rent is a waiver to a complaint. A new 3 day notice is
required any only past due rent should be listed on the notice unless the
lease describes any charges "as rent".
I just had a Default Final Judgment vacated and a Writ of Possession quashed
and complaint dismissed because the landlord accepted rent 3X after
complaint filed.
_____
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank
Sent: Thursday, August 25, 2011 5:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Requirement for 3-day Notice
Folks - quick residential question (from this commercial attorney) on the
need for a new 3-day notice to quit where there is a partial rent payment
accepted between the date of the original notice and the date the complaint
is filed.
Specifically - Tenant withheld part of July rent due to repairs and a demand
from the association (LL had been previously notified of need for repairs,
and tenant did in fact send invoices and itemization of deductions).
Landlord then sent a 3-day notice. Then in August, tenant again withheld
part of rent and made a partial payment. Next correspondence from the
landlord was the Complaint - no new 3-day notice.
So again the question is whether the lack of the new 3-day notice after
acceptance of partial rent precludes the eviction?
Any and all thoughts, ideas, etc. are most welcome.
Thanks.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p: (561) 372-7860
f: (561) 423-5721
sfrank@saflaw.com
www.saflaw.com <http://www.saflaw.com/>
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
