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

[Joseph Alexander]

I agree with Daniel and the others...unlawful detainer.

Please excuse any typos, as this email was sent from my mobile device.

Thank you,

Joseph N. Alexander
LIESER SKAFF ALEXANDER, PLLC
511 W. Bay Street
Suite 350
Tampa, Florida 33606
Phone: (813) 280-1256
Fax: (813) 251-8715
Email: jalexander at lieserskaff.com
Web: www.lieserskaff.com

On Apr 2, 2015 3:08 PM, "Dariel Abrahamy" <Dariel.Abrahamy at gmlaw.com> wrote:

>  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.
>
>
>
>
>
> [image: cid:image006.jpg at 01CF99C8.29DF4240]
>
> Dariel Abrahamy, Esq.
>
> Shareholder
>
> 200 E. Broward Blvd, Suite 1800
>
> Fort Lauderdale, FL 33301
>
> P: 954-491-1120; F: 954-343-6972
>
> 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> 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 permission to remain in possession has been withdrawn and the tenant’s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,
>
>
>
>
>
> [image: AJH Logo mark]
>
> *Anthony J. Horky, Esquire*
>
> Anthony J. Horky, P.A.
>
> 2255 Glades Road, Suite 324A
>
> Boca Raton, Florida 33431
>
> T: 561.989.3206
>
> F: 561.952.0096
>
> www.horkylaw.com
>
>
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