[RPPTL LandTen] Ejectment or possession action

David Weisman David.Weisman at gmlaw.com
Tue Apr 3 09:18:03 PDT 2012


That sounds like occupancy for consideration. Evict.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image001.jpg at 01CD1193.D160A910]


From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, April 03, 2012 12:05 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ejectment or possession action

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/>

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>.
-------------------------------------------------------
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.



The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120403/c83ed9e1/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 7281 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120403/c83ed9e1/attachment-0001.jpg>


More information about the landten mailing list