[RPPTL LandTen] A question to my learned colleagues

[Frank, Scott A.]

I have a client who used to be in the business of flipping houses.  As
you may guess, he is now in the business of renting houses.
 
He has a bit of a current dilemma, and asked for my thoughts.  Not being
a residential LL-Tenant guy, I thought I would ask for yours.  Here is
his current scenario:
 
LL rented a house and signed a lease with Sister 1 ("Shirley").  Shirley
was not a great payer, but usually paid.  Sister 2 ("Laverne") moved in
with Shirley.  Landlord was aware.  Shirley took off.  Laverne paid some
money to the Landlord, which the Landlord accepted, knowing it was from
Laverne and that Shirley was gone.  No amendment to the original lease
and no new written lease with Laverne.  Laverne is now quite behind
(and, by the way, the electric has been paid off for non-payment).
Client/Landlord wants to send three-day notice and evict.
 
My initial thought is to prepare and deliver 2 notices, one each to
Laverne and Shirley, and then to file possession action against Laverne
and Shirley as well.  My concern is that since the Landlord accepted
money from Laverne after Shirley disappeared, Laverne's defenses could
include that Landlord either (i) agree to an assignment of the lease
from Shirley to Laverne, or (ii) entered into a new non-written (i.e.,
month-to-month) tenancy agreement with Laverne.  But if we don't serve
Shirley, she may have a defense, as the original lease was never
terminated.  So by naming both, LL can preclude these defenses.  But can
he evict two different people for the same property, under potentially
two different rental agreements, at the same time?  Is there a better
(cleaner) way?
 
Thoughts?
 
Thanks.
 
Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP 
www.arnstein.com <http://www.arnstein.com/> 
 
515 North Flagler Drive 
Sixth Floor 
West Palm Beach, Florida 33401-4323
Phone: 561.833.9800 
Fax: 561.655.5551

433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323 
Phone: 561.962.4145
Fax: 561.962.4245 
SAFrank at arnstein.com <mailto:SAFrank at arnstein.com> 

Offices in Illinois, Florida, and Wisconsin 
 

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