In Madisetty v. Walker, the court found the landlord’s three-day notice fatally defective for demanding payment or keys in in a different city, county and state than the leased premises. The court reasoned that under Rule 1.090(e) of the Florida Rules of Civil Procedure and Florida case law, when the payment address is in a different city and county than the leased premises, the notice must provide the tenant with an additional five (5) days to mail the rent or keys. Consequently, the court dismissed the landlord’s complaint for eviction without leave to amend.
Posted in 3 Day Notice Defects, Case Summaries, Residential Evictions by admin : November 1, 2010 - 7:19pm | No Comments »
In Madisetty v. Walker, the filed a residential eviction for non-payment or rent. The court found the landlord’s three-day notice fatally defective for failing to provide at least three-days notice.
Consequently, the court dismissed the landlord’s complaint for eviction without leave to amend.
Posted in 3 Day Notice Defects, Case Summaries, Residential Evictions by admin : November 1, 2010 - 7:09pm | No Comments »
I assist landlord and property managers in filing eviction actions against tenants in Lake County, Florida for non-payment of rent. I offer a flat attorney’s fee of $495 plus costs per eviction for an uncontested residential tenant eviction. The flat attorney’s fee is for conventional non-government subsidized evictions for non-payment of rent in which the landlord is only seeking to recover possession of the leased premises and is not making a claim against the tenant for money damages.
If you need me to draft the statutory demand notice (aka 3-Day Notice), I will do so at no additional charge when you retain my services for an eviction.
A typical uncontested residential eviction in Lake County usually takes 4 to 6 weeks.
For free information about the eviction process contact me today at (407) 835-8688.
- Jaisen J. Stango, Esq.
Eviction Attorney
Office: Orlando, Florida
Eviction Attorney Jaisen Stango helps property owners file actions for tenant removal on behalf of landlords with rental property in Lake County including the cities and communities of the Town of Astatula, City of Clermont, City of Eustis, City of Fruitland Park, City of Groveland, Town of Howey-in-the-Hills, Town of Lady Lake, City of Leesburg, City of Mascotte, City of Minneola, Town of Montverde, City of Mount Dora, City of Tavares, City of Umatilla.
Posted in Residential Evictions by admin : November 1, 2010 - 12:41pm | No Comments »
In Jess v. Roberts, the landlord filed a compliant for eviction of a residential tenant for non-payment of rent. The court held issuing a proper three day notice is a condition precedent to filing a complaint for eviction. The court ruled a complaint for eviction based on a defective three day notice fails to state a cause of action.
Posted in 3 Day Notice Defects, Case Summaries, Residential Evictions by admin : October 31, 2010 - 4:15pm | No Comments »
In Jess v. Roberts, the landlord issued a three day notice under Section 83.56(3) of the Florida Statutes that demanded payment at a post office address. The court recognized that “it is physically impossible to deliver payment or keys to a post office box.” Therefore, the court ruled that under Rule 1.090(e) of the Florida Rules of Civil Procedure, the landlord was required to give the tenant an additional five days to pay the rent or vacate the premises.
Posted in 3 Day Notice Defects, Case Summaries, Residential Evictions by admin : October 30, 2010 - 10:24pm | No Comments »
In Nguyen v. Brown, the landlord filed a compliant for eviction of a residential tenant for non-payment of rent. The court held issuing a proper three day notice is a condition precedent to filing a complaint for eviction. The court also ruled a complaint for eviction based on a defective three day notice does not give the court subject matter jurisdiction over the case.
Posted in 3 Day Notice Defects, Case Summaries, Residential Evictions by admin : October 30, 2010 - 10:11pm | No Comments »
In Nguyen v. Brown, the landlord filed a compliant to evict a residential tenant for non-payment of rent. The court held the landlord’s three day notice was defective for not giving the tenant an unequivocal amount of rent to pay by a clear deadline to remain in the premises.
Posted in 3 Day Notice Defects, Case Summaries, Residential Evictions by admin : October 30, 2010 - 10:00pm | No Comments »
In Nguyen v. Brown, the landlord filed an eviction action to recover possession of residential real property pursuant to Section 83.59 of the Florida Statutes. The court held under Rule 1.090(e) of the Florida Rules of Civil Procedure the landlord’s three day notice was fatally defective for demanding payment at a post office box without providing the tenant an additional five days to mail the rent or the keys.
Posted in 3 Day Notice Defects, Attorney's Fees, Residential Evictions by admin : October 30, 2010 - 9:41pm | No Comments »
In Nguyen v. Brown, the landlord filed a civil action to recover possession of the leased premises pursuant to Section 83.59 of the Florida Statutes. The court held when a landlord’s three day notice is defective, a tenant is not required to deposit rent into the court registry.
Posted in 3 Day Notice Defects, Attorney's Fees, Residential Evictions by admin : October 30, 2010 - 9:35pm | No Comments »
In Nguyen v. Brown, the landlord filed an eviction action to recover possession of the leased premises under the Florida Residential Landlord and Tenant Act. The court dismissed complaint for eviction with prejudice because the landlord’s three day notice was fatally defective.
Posted in 3 Day Notice Defects, Case Summaries, Residential Evictions by admin : October 30, 2010 - 9:30pm | No Comments »
