[RPPTL LandTen] N-1003 - Landlord Tenant Committee: Ejectment/Unlawful Detainers??

Mon Dec 2 11:22:44 PST 2013

All:  In my opinion, the previously described situation is one of unlawful
detainer (wrongfully withholding possession from one who is entitled to
immediate possession).  Chapter 82 covers unlawful detainer whether it was
lawful or unlawful entry.  Unlawful detainer actions, as with eviction
actions, are prosecuted under the summary procedure statute in County Court,
so the speed by which the action proceeds is essentially the same as an
eviction.  In an unlawful detainer action, the plaintiff is also entitled to
damages equivalent to double to market rental value.  Upon judgment, the
party is entitled to a writ of possession.  Unlawful detainer is the
procedural remedy for squatters unless they are claiming title to the
property through adverse possession or some other grounds.  In that case, it
would be an action for ejectment.  

Regards, 

AJH Logo mark

Anthony J. Horky, Esquire

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, December 02, 2013 2:02 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee; RPPTL Landlord Tenant
Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee:
Ejectment/Unlawful Detainers??

I agree with Harry.  Really, these situations are not all that different
from a normal eviction and the process should be essentially the same.

But I would note that in the situation of a purchaser who bought property in
a Tax Deed Sale, the Tax Deed Statute would govern, so we should be careful
about uniformity with other governing statutes.

Cary 

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416 

Phone: (561) 281-2744 

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On Monday, December 2, 2013 1:58 PM, Cary Sabol <sabollawoffice at yahoo.com>
wrote:

Lloyd,

I would agree that it is very prevalent right now and I am running into
Ejectments and Unlawful Detainer cases on a weekly basis.  Since I represent
not only landlords, but also investors who purchase foreclosures and tax
deeds, it comes up often.  However, that being said, I haven't found the
current law to be much of an impediment to my ability to pursue the cases
and obtain possession.  The only suggestion I might have relative to a
legislative fix is to clarify that County Courts would have jurisdiction.
But procedurally, I have found they work fairly well.

I look forward to Anthony's article and any other comments on the issue.

Cary 

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416 

Phone: (561) 281-2744 

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or matter, and such taxpayer should seek advice based on the taxpayer's
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On Monday, December 2, 2013 1:38 PM, Lloyd Granet <lgranet at granetlaw.com>
wrote:

Harry, suggests that the problem of occupants who do not belong and are not
under a lease is so pervasive we should consider a legislative fix.  

Can I get a sense from those that practice in this area if you agree and if
so who would be willing to work on what is the appropriate fix.

Anthony Horky is working on an Action Line article on Ejectment and Unlawful
Detainer and gave the committee a preview as our speaker at our last
meeting.  I have attached the materials Anthony provided.  Anthony is there
is a new revised set of materials please circulate.

Thank you.     

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Heist, Weisse &
Wolk
Sent: Tuesday, November 26, 2013 11:52 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Ejectment/Unlawful Detainers??

We have been bombarded with cases where  occupants are left behind or people
have simply squatted in an empty home or refuse to leave after a foreclosure
that the bank never took to Writ.

The police of course do absolutely nothing.

If you want these cases, shoot me an email and tell me where you practice.

I feel we need a legislative fix. This is absurd.   <mailto:harry at evict.com>
harry at evict.com

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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