Re: [RPPTL LandTen] Three Day Notices - Legal or not?
The federal statute seems to make it clear that you cannot give the three-day notice to a tenant within the next 120 days If it is a covered property. The three-day notice is, in essence, a termination of the lease and/or demand to vacate when the tenant fails to pay the rent within three days. Because both are unauthorized during the 120-day period for a covered property, giving the notice should be considered a violation of the statute.
I suggest everybody take a careful look at section 4024 of the act.
I am more curious as to whether or not the governor's order applies to all evictions for non-payment or just evictions for non-payments when the tenants can't pay due to covid. there is specific language in the order which indicates that it only applies when the tenants cannot make a payment due to covid.
*sent via mobile phone
Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com
www.glachmanbrill.com
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On Apr 4, 2020 2:58 PM, Harry Heist harry@evict.com wrote:
I am really feeling a normal Three Day Notice which says pay or vacate is not legal on “covered” properties.
How can you threaten someone with something you can’t do by law?
Wouldn’t this be like a debt collector threatening a lawsuit on a debt where the statute of limitations has run?
What say the group?
Leonard?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
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I would however agree with Jordan that Sec 4024 would preclude the 3 day for applicable properties
Eric A. Jacobs, J.D., M.B.A.
Nexterra Law
Board Certified Real Estate Litigation and Transactional Practice
AV Rated - Martindale Hubbell
1111 Lincoln Road, Suite 801
Miami Beach, Florida 33139
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Jordan M Brill
Sent: Saturday, April 4, 2020 4:24 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Three Day Notices - Legal or not?
The federal statute seems to make it clear that you cannot give the three-day notice to a tenant within the next 120 days If it is a covered property. The three-day notice is, in essence, a termination of the lease and/or demand to vacate when the tenant fails to pay the rent within three days. Because both are unauthorized during the 120-day period for a covered property, giving the notice should be considered a violation of the statute.
I suggest everybody take a careful look at section 4024 of the act.
I am more curious as to whether or not the governor's order applies to all evictions for non-payment or just evictions for non-payments when the tenants can't pay due to covid. there is specific language in the order which indicates that it only applies when the tenants cannot make a payment due to covid.
*sent via mobile phone
Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttp://www.glachmanbrill.com
The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.commailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
On Apr 4, 2020 2:58 PM, Harry Heist <harry@evict.commailto:harry@evict.com> wrote:
I am really feeling a normal Three Day Notice which says pay or vacate is not legal on “covered” properties.
How can you threaten someone with something you can’t do by law?
Wouldn’t this be like a debt collector threatening a lawsuit on a debt where the statute of limitations has run?
What say the group?
Leonard?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image001.png@01D60A91.4CE79770]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.