[RPPTL LandTen] County Court Pure Possession Action - Questionon unauthorized affiliated non-tenant entities co-occupying apremises. [Scanned]

[Phyllis Harley]

I don't believe there is a MUST in there, but the additional tenant(s)
may attempt to hang on to possession if not noticed and included in the
eviction (I have rarely dealt with that in residential issues).  They
are usually taken care of with the 'unknown tenant' being served and
processed just like the tenant that signed on the lease.

 

Sincerely,

 

Phyllis Harley, Esquire

Harley Law Offices, P.A.

4417 13th Street, #177

Saint Cloud, FL  34769

321.766.6024

www.harleylawoffices.com





 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Mazor 
Sent: Thursday, October 20, 2011 11:18 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] County Court Pure Possession Action -
Questionon unauthorized affiliated non-tenant entities co-occupying
apremises. [Scanned]

 

 

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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