[RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant

Tue Feb 5 08:16:44 PST 2013

I agree with Cary. A leasehold is an estate in land and cannot be terminated absent abandonment or eviction per the statute

Sent from my iPhone

On Feb 5, 2013, at 11:14 AM, "Cary Sabol" <sabollawoffice at yahoo.com<mailto:sabollawoffice at yahoo.com>> wrote:

Les,
I would definitely recommend that you still complete the eviction process prior to taking back possession, despite the burden it may be to the landlord to do so.  I don't believe anything (other than actual abandonment by the tenant) allows a landlord to resort to self help remedies, including an assault on the landlord and the resulting restraining order.  To my knowledge, nothing is a substitute for an eviction.

Cary
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From: lesstevens <lesstevens at earthlink.net<mailto:lesstevens at earthlink.net>>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Sent: Monday, February 4, 2013 6:49 PM
Subject: [RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant

Here’s a unique one…..Landlord sues Tenant for untimely payment under written residential lease. While waiting for the “expedited hearing” Tenant causes disturbance at the property and eventually “exposes himself” to a minor and Landlord and is arrested. (Minor is the Landlord’s son and does work around the property). Fearing for their safety, Landlord obtains restraining order against Tenant, which included precluding Tenant to go back to the property. Does this action supersede the eviction and give the Landlord the right to immediate possession?

Any insight would be helpful.

Thanx.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net<mailto:lesstevens at earthlink.net>

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