[RPPTL LandTen] Girlfriend refuses to leave, now what?

[Manuel Farach]

Unless there was a forcible entry (which it doesn’t sound like at all), it’s an ejectment action

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Conrad Kahn
Sent: Thursday, April 02, 2015 2:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?


I believe unlawful detainee only applies to nonresidential tenancy.  See Fla. Stat. 82.02.  And eviction would be inappropriate too because there's no landlord-tenant relationship. Therefore, the proper cause of action is ejectment under chapter 66.  This must be filed in circuit court unfortunately.
On Apr 2, 2015 11:53 AM, "Anthony J. Horky" <ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>> wrote:
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tenant  is still in possession and entry by the girlfriend was lawful, her permission to remain in possession has been withdrawn and the tenant’s remedy is unlawful detainer.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,


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