[RPPTL LandTen] - Unlawful Detainer

[pat at hoganlegalservices.com]

Mates,

Any one have an actual case since July 1, 2015 related to using (unlawful detainer CH 82) in non commercial situation in county court (82.045 in effect after 7/1/15)??

Trying to avoid creating law from a judge ruling that unlawful detainer only applies to commercial relationships, and that any county action has to be landlord tenant or it will be dismissed, and must be brought in circuit as ejectment.

Unlawful detainer case in county court (2DCA county).

Judge hears testimony and convinced (states so from bench) after testimony that person in unit was legally given written notice to leave and failed to do so.  Judge rules person was not a tenant as testimony support no consideration and no rental payment.

Judge wants legal memo or cases on whether unlawful detainer applies outside the commercial arena, given an interpretation of 82.04(2)This section shall not apply with regard to residential tenancies.

The Judge may want to dismiss as unlawful detainer and forever preclude in county unlawful detainer by directing down the path of circuit ejectment, by ruling that "shall not apply to residential tenancies" means only applies to commercial, RATHER THAN a person in a residentially zoned living situation may be remove using 82.04 (and 82.045?) precisely when the testimony has established that a residential tenancy does not exist AND a commercial tenancy does not exist.

Any one have an actual case since July 1, 2015 related to using unlawful detainer in non commercial situation in county court??




Thank you.


Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat at HoganLegalServices.com
(941)952-5000



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