Landlord filed an eviction based on a 3 day notice that, on its face, included late fees in the amount claimed. The lease had not defined late fees as “additional rent.” The tenant did not raise this in his answer. Subsequently, tenant hired a lawyer, who raised the defense of defective 3 day notice in a motion to dismiss. The landlord objected that as the defense was not raised in tenant’s answer, it was waived.
The landlord issued a 3 day notice demanding payment of the rent to “Royal Isles Apt.” Subsequently “MPI JACKSON ORLANDO LLC” filed suit for eviction as plaintiff. The tenant moved to dismiss on the basis that there was no such entity as “Royal Isles Apt” and therefore the 3 day notice was defective. The court found that “Royal Isles Apt” was not registered as a business entity authorized to transact business in the State of Florida nor was “Royal Isles Apt.” registered as a fictitious name with the Florida Department of State, Division of Corporations. The court ruled “Plaintiff’s three-day notice is fatally defective because the entity making the demand for payment or possession of the premises was not authorized to transact business in the State of Florida at the time the notice was issued.” The case was dismissed without leave to amend. Attorneys fees and costs were awarded to the tenant.
MPI JACKSON ORLANDO LLC, vs. MYRICK, Orange County Court 2011, 19 Fla. L. Weekly Supp. 293c
Court rules that tenant’s failure to deposit the rent claimed by the landlord into the court registry within five days entitled landlord to automatic default regardless of whether landlord’s 3 day notice was defective