[RPPTL LandTen] - Unlawful Detainer

[Baghdadi Law P.A.]

How do you get off this list-serve?

On Tuesday, October 31, 2017, pat at hoganlegalservices.com <
pat at hoganlegalservices.com> wrote:

> 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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