[RPPTL LandTen] Pro Se commercial evictions

[Cary Sabol]

Daniel,
 
You are correct the residential section of the L/T Statute allows a non-lawyer representative to complete an uncontested eviction, but if the tenant responds in any way, the Judge will issue an Order requiring the Plaintiff to retain an attorney.  Since there is no similar exemption from the requirement of legal representation for a corp./LLC in the commercial section of the Statute, I think even an uncontested commercial eviction where the Plaintiff is a corp./LLC/other legal entity would require an attorney to handle it.  I agree with you that the issue should default to the general law that a corp/LLC/other legal entity can only be represented by an attorney.

Not sure what the remedy would be though if the case is already completed.

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: Dariel Abrahamy <Dariel.Abrahamy at gmlaw.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Thursday, May 31, 2012 11:03 AM
Subject: [RPPTL LandTen] Pro Se commercial evictions
  

Can a member of an LLC file a commercial eviction without an attorney and proceed to get a Default and Default Final Judgment for Eviction?  Section 83.59(2) discusses this in the residential context, but what about commercial evictions?  
 
Also, 83.59(2) only says “landlord’s agent”.  It does not specify if the landlord is an individual or an entity. What if the landlord was a corporation or LLC in the residential context. Could the officer, member, or agent file without an attorney in a residential eviction as well? 
 
The general law is that corporation must be represented by counsel. 
 
 
Dariel J. Abrahamy, Esq. 
Greenspoon Marder, P.A.
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy at gmlaw.com
 
 
  
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