[RPPTL LandTen] Termination of short term occupancy without rent or lease

Wed Aug 22 16:01:12 PDT 2012

This is true also, I've used the Unlawful Detainer Statute (Ch. 82) a few times as well.  The benefit to this option is you are entitled to the expedited process/summary procedure of F.S. 51.011 and can file in County Court, which is usually much quicker.

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

________________________________

IRS Circular 230 Notice:   Pursuant to recently enacted  U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law.  If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. 
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

________________________________
 From: Alberto M. Cardet <alcardet at gmail.com>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Wednesday, August 22, 2012 6:51 PM
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease

I agree with Lainie.  I’ve done a few in Miami-Dade under chapter 82, where the client’s friend or friend of friend moved in and does not want to leave.  Had one were client agreed to “lend” the key to a prospective tenant to see the property, prospective tenant “borrowed” key moved in and changed locks.   Another where client “lent” vacant apartment to friend of a friend to use for storage, friend moved in and refused to leave.

I say go with Chapter 82, Civ Pro Form 1.938

Good Luck

Albert

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 Lainie Simon
Sent: Wednesday, August 22, 2012 6:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease

Why can't you try Ch 83 but with Ch 82 in the alternative?  If there is no residential tenancy, there is a peaceable entry  but unlawful detainer.  At least you are in county court. I did this several years ago in PBC and Judge Lopez was good with it.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any
 attachments are believed to!
  be free o
f any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê
On 8/22/12 5:38 PM, Lloyd Granet wrote:
Question:
> 
>Vacant house owned by trust
>An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
>House goes under contract and closing is scheduled.  “Occupant” says unwilling to move out.
>How can Occupant be removed?
> 
>This email message was sent by:
>_______________________________
>Lloyd Granet
>Law Offices of Lloyd Granet, P.A.
>2295 NW Corporate Boulevard, Suite 235
>Boca Raton, FL 33431
>Direct Dial:  (561) 999-0090
>Main Number:  (561) 999-9300 x110
>Fax: (561) 999-9400
>Email: lgranet at granetlaw.com
>
>NOTICE:  IRS Circular 230 Disclosure:  In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
>
>NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
>
>
>
>
>
>
>
>
>
>_______________________________________________
>landten mailing list
>landten at lists.flabarrpptl.org
>http://mailman.fsr.com/mailman/listinfo/landten

_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120822/a9be9c0c/attachment-0001.html>