[RPPTL LandTen] Ejectment or possession action

[Joseph Alexander]

I would say unlawful detainer and/or eviction.

 

Thank you,                          P Think before you print.

 

Joseph N. Alexander | Partner

POTTER CLEMENT LOWRY 

308 East Fifth Avenue

Mount Dora, Florida 32757

Phone:  352.383.4186

Fax:       352.383.0087

jnalexander at pcld-law.com <BLOCKED::mailto:jnalexander at pcld-law.com> 

 

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________________________________

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/> 

 

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