[RPPTL LandTen] Girlfriend refuses to leave, now what?
Cary Sabol
sabollawoffice at yahoo.com
Thu Apr 2 09:29:07 PDT 2015
Harry is right, I've seen that happen many times too. The proper tenant's roommate, girlfriend/boyfriend/friend, etc. gets a restraining order and the tenant can't even live in his/her own house and the unauthorized occupant gets to stay.
Although, being that the "tenant" called you, I would file it as a Chapter 82 unlawful detainer action. Permission was given to stay there temporarily, if there's no written agreement, then that permission has been revoked, and tenant can file unlawful detainer case to remove the unwanted guest.
CaryLaw Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: Harry Heist <harry at evict.com>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Sent: Thursday, April 2, 2015 12:08 PM
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?
#yiv1612343813 #yiv1612343813 -- _filtered #yiv1612343813 {font-family:Calibri;panose-1:2 15 5 2 2 2 4 3 2 4;} _filtered #yiv1612343813 {font-family:Tahoma;panose-1:2 11 6 4 3 5 4 4 2 4;}#yiv1612343813 #yiv1612343813 p.yiv1612343813MsoNormal, #yiv1612343813 li.yiv1612343813MsoNormal, #yiv1612343813 div.yiv1612343813MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:11.0pt;}#yiv1612343813 a:link, #yiv1612343813 span.yiv1612343813MsoHyperlink {color:blue;text-decoration:underline;}#yiv1612343813 a:visited, #yiv1612343813 span.yiv1612343813MsoHyperlinkFollowed {color:purple;text-decoration:underline;}#yiv1612343813 p.yiv1612343813MsoAcetate, #yiv1612343813 li.yiv1612343813MsoAcetate, #yiv1612343813 div.yiv1612343813MsoAcetate {margin:0in;margin-bottom:.0001pt;font-size:8.0pt;}#yiv1612343813 span.yiv1612343813EmailStyle15 {color:#1F497D;}#yiv1612343813 span.yiv1612343813EmailStyle16 {color:#1F497D;}#yiv1612343813 span.yiv1612343813EmailStyle17 {color:#1F497D;}#yiv1612343813 span.yiv1612343813EmailStyle18 {color:#1F497D;}#yiv1612343813 span.yiv1612343813EmailStyle19 {color:black;}#yiv1612343813 span.yiv1612343813BalloonTextChar {}#yiv1612343813 span.yiv1612343813EmailStyle25 {color:#1F497D;}#yiv1612343813 .yiv1612343813MsoChpDefault {font-size:10.0pt;} _filtered #yiv1612343813 {margin:1.0in 1.0in 1.0in 1.0in;}#yiv1612343813 div.yiv1612343813WordSection1 {}#yiv1612343813 I would kick both of them out by eviction. This guy violated his lease by allowing an unauthorized occupant. If the owner has knowledge of her now and accepts rent, this could make her into a tenant and/or create a waiver of the noncompliance. I see it happen all the time. Next, she will get a restraining order against him and he will be forced to leave. Bad news. 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: www.evict.com
Email: harry at evict.com
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, April 02, 2015 11:50 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Girlfriend refuses to leave, now what? Members: I received a call from a tenant who signed a residential lease. After taking possession, he allowed his girlfriend to move in who does not pay rent and did not sign the lease. The relationship soured and now girlfriend refuses to leave. I am of the opinion that although the tenant is still in possession and entry by the girlfriend was lawful, her permission to remain in possession has been withdrawn and the tenant’s remedy is unlawful detainer. Any feedback would be greatly appreciated. Thank you. Regards,
| | Anthony J. Horky, EsquireAnthony J. Horky, P.A.2255 Glades Road, Suite 324ABoca Raton, Florida 33431T: 561.989.3206F: 561.952.0096 www.horkylaw.com |
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