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

[Mike Davis]

My feeling is
Option 1.  Plead MTM only.  Don't mention lease.  This option probably isn't available if lease has MTM rollover provision "on same terms and conditions as lease".  Then lease would seem to be required attachment to complaint.

Option 2.  Attach lease and explain H was W's agent at signing.  W as owner has right to serve statutory notice.

Sent from my iPhone

On Jul 19, 2013, at 2:06 PM, "Anthony J. Horky" <ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>> wrote:

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,


<image002.png>


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

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


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