[RPPTL LandTen] Committee Meeting Information and Agenda

Wed Jul 23 11:21:47 PDT 2008

And remember very recently other case law I think just circulated spoke
expressly to the ejectment issue in terms of pleadings and the summons
time frame too (no entitlement apparently to the rapid summons).

-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Wednesday, July 23, 2008 12:00 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Committee Meeting Information and Agenda

I will be traveling and unable to attend the call. 

A lease for more than a year must be in writing (689.01) so if this is
pursuant to some equity claim it can not be a lease if longer than a
year. If a party occupies property improperly other than under a
landlord tenant relationship, such as a contract purchaser in
possession, the action is ejectment.

>>> "Beverly Barnett" <beverly.barnett at rdwaller.com> 7/23/2008 11:41 AM 
>>> >>>
Neil:

I wonder if it would be possible for the committee to discuss a
landlord/tenant case with which I have issues.  It could be that it has
been discussed prior.  I had an eviction action which became complex and
the tenant raised an issue about her equity position.  She never proved
her position even during an evidentiary hearing.  I held that she had an
oral month to month tenancy.  Prior to the evidentiary hearing, her
attorney admitted to the court that he did not have any evidence to
prove her equity position and asked to move to the final hearing for
possession.  The Judge still insisted on an evidentiary hearing.  In the
end the Judge determined that there was no landlord/tenant relationship
even though there was no evidence that the tenant had any equity
position and the tenant had been paying rent and is still residing
there.  She based her ruling on Toledo v Escamilla, 962 So.2d 1028,
District Court of Appeal of Florida, Third District, because she
believes this case states that any oral agreement must be for the
duration of less than 1 year.  If it is longer, there is not
landlord/tenant relationship.

I would like some input about this case as well as the type of action I
now need to take to remove the "tenants."  This case indicates that it
would be an ejectment action.

Thanks.

Beverly Barnett 

________________________________

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, July 22, 2008 9:29 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Committee Meeting Information and Agenda

In conjunction with the RPPTL Section of the Florida Bar Executive
Council Meeting to be held at the Breakers Palm Beach Resort, July
24-27, the Landlord/ Tenant Committee is scheduled to meet on Thursday,
July 24th from 9:30 a.m to 11:30 a.m.  [Gulfstream Room 1,2]

Members not present in person may join by conference call:

Call-in information:

Dial-In Number (866-411-5140) and your Conference Code (40809292).
At the specified time, dial your Reservationless-Plus Dial-In Number.
When prompted, enter your Conference Code followed by #.

Attachments:

    Meeting Agenda

    Case:  Pro-Art Dental Lab Inc v. V-Strategic Group LLC

We appreciate your participation.

Neil Shoter, Committee Vice-Chair

  ***  Please remember to inform your colleagues that joining our
Committee can be easily accomplished by providing their email address to
Committee Chair, Arthur J. Menor, amenor at shutts.com.  Thank you. 

Neil B. Shoter 
Partner  

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