[RPPTL LandTen] Restraining Order Obtained by Landlord Against Tenant

[Eric Jacobs]

No.  Order precluding tenant from being on premises is not the same as landlord having right to be on premises.

Question back.  I have a tenant claiming right to dismissal because 3 day was signed by lawyer ( with FDCPA disclaimer) .  Im fairly comfortable with regard to numerous reasons why its inapplicable notwithstanding Sailboat Bend, but Id welcome any thoughts from all.  Thanks

Sent from my iphone


On Feb 4, 2013, at 6:50 PM, "lesstevens" <lesstevens at earthlink.net<mailto:lesstevens at earthlink.net>> wrote:

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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