[RPPTL LandTen] Ejectment & Unlawful Detainer

[Cary Sabol]

I don't see why you cannot plead the unlawful detainer claim as an alternative to the ejectment and since the ejectment action is within the Circuit Court jurisdiction, you can bootstrap the unlawful detainer claim.  I believe this was your actual question.  
 
Regarding the other comment that an unlawful detainer does not apply to a residential tenancy ... I agree with the strict reading of the unlawful detainer statute, but disagree that it can never apply to a residential property.  I feel that, under the right facts, you can apply an unlawful detainer claim to a residential property.  The key to this issue is whether your situation is a "tenancy" which is defined at 83.43.  If no "tenancy" was ever created, then I feel you can support a claim for unlawful detainer.  
 
If the Legislature would expedite the ejectment process, I don't think we would even need to have this conversation.  It seems like the two often fall under the same factual scenarios.   My two cents, hope it helps.
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: Dennis Chen <dennis at chenlaw.net>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Wednesday, May 2, 2012 1:44 PM
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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