[RPPTL LandTen] Chapter 83 part 1 or part 2

[Alberto MCardet]

Is anyone aware of any case law that will support the contention that
residential property subject to a residential lease that is exclusively used
to operate business and no one actually resides on the property is subject
to part 1 of chapter 83 and not part 2?

 

These are my basic facts.

 

Landlord and tenant enter into residential lease for residential property.
Tenant uses property to operate business and never resides on the property.
Lease is terminated, however, utilities were shut off early (10 days prior
to tenant vacating).  Tenant now claims self-help and wants 3 months' rent.
Presiding  judge is inclined to rule against tenant on self-help claim based
on the fact that although property is residential and lease appears to be
residential, this is actually a business lease and tenancy is governed by
part1 and not part 2 of chapter 83.

 

Thank you

 

Albert

 

Alberto M. Cardet, P.A.

1330 Coral Way #301

Miami FL 33145

305-403-7783

305-403-7824 (fax)

 

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