[RPPTL LandTen] Transfer Case from Circuit to County

[Gioia]

Sorry to chime in so late, but I would read the Frey case.  If there is any question that the occupant is there under an agreement to purchase, i.e. the relationship of the parties may be buyer/seller instead of landlord tenant, then an evidentiary hearing needs to be held because c. 83 will not apply if it is not a landlord/tenant relationship.  My understanding is that you cannot proceed with the eviction without resolving this issue. .  

 

I hope this helps.

 

 

Gioia DeCarlo, Esquire
DeCarlo & Valentine, LLC

828 N.W. 9th Court
Miami, Florida 33136
O. 305-324-9823
Efax 888-551-2980




 

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arlene C. Udick
Sent: Tuesday, May 06, 2014 1:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Transfer Case from Circuit to County

 

Dear Manny,

 

I may be missing something, but I believe the 2 claims are unrelated and that you can go forward with the eviction, notwithstanding the alleged oral option to purchase.  It seems that the circuit court case has a statute of frauds issue, and unless the lawyer took some action relying on the option to purchase, the case should be dismissed for failure to state a claim since there is no writing to enforce the option.  Arlene

 

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, May 06, 2014 12:05 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Transfer Case from Circuit to County

 

Does anyone have case law/practical suggestions for this fact situation?

My client gives notice to leave/files for eviction against his month to month tenant as my client has a buyer for the property. I file for eviction  in county court, but tenant (who is a lawyer) files suit in circuit court claiming he has an oral option to purchase the property by matching the price. 

Any case law on this? I’m drawing a blank on my research as it appears to be under Rule 1.060 but there are no cases on this narrow issue

Thanks in advance

Manny

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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach at richmangreer.com
www.RichmanGreer.com

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