[RPPTL LandTen] pleading lease or month-to-month in possession action

[Anthony J. Horky]

Hello Members:  I was presented with the following problem and seek your
opinion on how you would plead a complaint for possession with the following
facts:

 

Facts:  Rental property owned by wife only.  Written lease names husband
only as landlord.  Lease expires and tenant remains as a month-to-month
tenant.  Tenant eventually goes into default on month-to-month tenancy.
Wife serves 3-day notice in her name.  Tenant fails to pay rent or deliver
possession.

 

Normally, my complaint alleges the existence of a lease, which then turned
month-to-month, and the service of the 3 day notice, and both documents are
attached to the complaint.  Because the lease is in the name of the husband,
I have concerns about attaching it.  

 

Question:  Would you allege the existence of the month-to-month tenancy only
and not attach the lease, or some other type of allegation and attach the
lease ?

 

Thank you.      

 

Regards, 

 


 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F. 561.989.3204                    

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

 


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