[RPPTL LandTen] Ejectment or possession action

[Anthony J. Horky]

Members:  I'm curious to learn whether you think the person in the following
fact scenario is a tenant subject to a possession action or not and subject
to an ejectment action.  Thank you for your thoughts.

 

FACTS:  Owner agrees to allow Mrs. Smith to move in to the Owner's
condominium in exchange for payment of the electricity bill.  Owner lives in
the condominium as well.  After one month, Mrs. Smith stops paying
electricity bill.  Owner then demands rent in the amount of $400 per month
which Mrs. Smith initially agrees to pay but the deal terms change when
Owner agrees that Mrs. Smith can remain in the unit without paying rent if
she will assist Owner with a foreclosure action.   Mrs. Smith at no time
paid the $400/month.  Mrs. Smith does assist Owner but now the foreclosure
has been resolved.  In the meantime, Mrs. Smith has invited another person
into the unit, refuses to pay rent, remove the visitor or to turn over
possession.

 

Eviction or Ejectment?

 

Thank you.  

 

 

Regards,

 

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Website: www.horkylaw.com <http://www.horkylaw.com/> 

 

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