[RPPTL LandTen] Ejectment & Unlawful Detainer

[Anthony J. Horky]

My two cents:

 

I think the first question is whether it is a permissible cause of action.
You say this is a single family home.  A "residential tenancy" can exist
without a written lease and consideration can be something other than money.
Unlawful detainer actions are not permitted for residential tenancies.
Sections 82.02(2) and 82.04 say "[t]his section shall not apply to
residential tenancies."    

 

I'm curious to see what other members think.  

 

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

 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Wednesday, May 02, 2012 1:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Ejectment & Unlawful Detainer

 

In a situation involving a single family home.  Can an unlawful detainer
action be included as a separate count in a circuit court action for
ejectment?

 

Unlawful detainer appears to fall in the exclusive jurisdiction of the
county court and ejectment in the circuit court.  I wanted to file an
unlawful detainer action as an additional count because of the summary
procedure provision and if it does not work we proceed under the ejectment
count.  In addition, there is no lease or rental agreement.  No rent is paid
or has been paid in the past.  

Dennis A. Chen, Esq.
dennis at chenlaw.net



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