[RPPTL LandTen] Ejectment or possession action

Tue Apr 3 10:41:06 PDT 2012

Since evictions under Ch. 83 are usually a much more efficient process (both time and expense), I always try to find an argument to make it a L/T case if possible.  Under your facts, I would argue that Section 83.46(3) applies to their relationship (i.e. occupancy in exchange for employment), which allows the L/L to terminate the rental agreement in accordance with the notice requirements of 83.57.

Free rent in exchange for work being done, I believe, creates a landlord/tenant relationship pursuant to 83.46(3).  Just my two cents.

Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

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________________________________
 From: Alberto M. Cardet <alcardet at gmail.com>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Tuesday, April 3, 2012 12:25 PM
Subject: Re: [RPPTL LandTen] Ejectment or possession action

I don’t think you have established a landlord – tenant relationship, so chapter 83 does not apply.  I say unlawful detainer under chapter 82 is the way to go.

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)

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

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.
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