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

Thu Aug 23 07:31:53 PDT 2012

I had one that was contested where Judge Caryn Schwartz determined that as
long as there was no issue relating to title or ownership; the case strictly
involved possession; and was not a chapter 83 tenancy (no landlord tenant
relationship) it was proper.  This was an oral ruling from the bench not a
written order or opinion.

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 Harry Heist
Sent: Wednesday, August 22, 2012 7:06 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without
rent or lease

Were they contested?  

Harry

LAW OFFICES OF 
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto M.
Cardet
Sent: Wednesday, August 22, 2012 6:52 PM
To: 'RPPTL Landlord Tenant Committee'
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)

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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?

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