[RPPTL LandTen] Chapter 83 part 1 or part 2

[Alberto Cardet]

Thank you

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783


On Fri, Aug 2, 2013 at 3:25 PM, Dennis Chen <dennis at chenlaw.net> wrote:

> I believe Part I is the better choice.  Here is the cite to a case that is
> not on point but the court's statutory reference is to part I.  Seymour v
> Adams, 638 So. 2d 1044, Fla. 5th DCA 1994)
>
> Dennis,
>
>
> Dennis A. Chen, Esq.
> Chen Law Firm, PA
> 5401 S. Kirkman Rd., Ste. 310
> Orlando, Florida 32819
> Tel:   (407) 392-1872
> Fax: 1-866-571-3421
> dennis at chenlaw.net
>
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> On Tue, Jul 30, 2013 at 2:41 PM, Alberto MCardet <acardet at justice.com>wrote:
>
>> 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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