[RPPTL LandTen] County Court Pure Possession Action - Question on unauthorized affiliated non-tenant entities co-occupying a premises.

[Jeff Mazor]

The traditional approach would be to address the Notice to Pay or Vacate to
"XYZ and All others in Possession", draft the Complaint the same way, and
made it only one count for possession.  Be aware, however, that there is
almost no case law addressing or even mentioning "and all others in
possession" and some judges up-state have rejected a few of my residential
cases because of that language, although frankly, I haven't gotten a
coherent explanation for the rejection. 

 

Alternatively, if you know the names of all the others, you could name them,
but you would have to redo the Notice to Pay or Vacate and include their
names there and in the Complaint. Approach them as subtenants and for
failure to pay rent. Don't turn them into something that might require an
ejectment action.. 

 

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building 

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:       954-962-3560

Email:   JMazor at Mazor.com

 

 

 

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Michael Grant
Sent: Thursday, October 20, 2011 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] County Court Pure Possession Action - Question on
unauthorized affiliated non-tenant entities co-occupying a premises.

 

I have a situation where the "Tenant" entity has several unauthorized
affiliated entities with common officers and registered agent showing the
Premises as their  Principal Address, Mailing Address, and Registered
Agent's Address according to Sunbiz.org.  

 

The "Tenant" owes over $50K in past due rent and has been served with a
proper three day notice to pay rent or deliver possession.  

 

Must I name and serve all of the entities in the possession action in one
count; separate counts - I for the "Tenant" under its leasehold interest and
II for the unauthorized affiliated entities in possession; or, only the
"Tenant"? 

 

All comments are greatly appreciated.  

 

Michael L. Grant, Esq.

RICHARD B. WARREN, P.A.

1555 Palm Beach Lakes Boulevard, Suite 1006

West Palm Beach, FL  33401

Telephone: (561) 681-9494 | Facsimile: (561) 681-9436

WWW.RBWARRENLAW.COM

 

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