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

Thu Apr 2 12:02:55 PDT 2015

I don’t necessarily agree that unlawful detention only applies to non-residential tenancies.  I think 82.02(2) and 82.02(4) simply mean that you can’t file an unlawful detention action if you have a residential landlord-tenant relationship.  Here, there is no landlord-tenant relationship between the tenant and his girlfriend. The landlord-tenant relationship exists between the tenant and his landlord.  To file an ejectment, you need to have a valid claim to legal title. The tenant doesn’t have legal title.

Unlawful detainer would be my recommendation. Richards v. Finley, 259 So.2d 167.

[cid:image006.jpg at 01CF99C8.29DF4240]
Dariel Abrahamy, Esq.
Shareholder
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Fort Lauderdale, FL 33301
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Dariel.Abrahamy at gmlaw.com

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tenant  is still in possession and entry by the girlfriend was lawful, her permission to remain in possession has been withdrawn and the tenant’s remedy is unlawful detainer.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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Anthony J. Horky, Esquire

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