[RPPTL Leasing Committee] Eviction Question

[RPPTL Real Estate Leasing Committee]

Arlene,

In the 12th Circuit, our County Court Judges would first hold an evidentiary hearing to determine whether the case should proceed under Chapter 82 or Chapter 83 which would address the Motion to Dismiss issue. If the Judge determines it’s a Chapter 82 matter, I would ask for leave to amend the complaint and to transfer to Circuit Court. You can then include a slander of title count as well. Good luck!

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Amanda R. Kison, Esq.
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Tuesday, August 03, 2021 1:47 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL Leasing Committee] Eviction Question

I tried twice to file a Sheriff's Report and they would not accept it.  The deputy sheriff I spoke to each time kept telling me that it is a civil matter and kept calling it a contract dispute between two parties.  One Deputy even suggested that my client was trying to back out of the contract and that is civil.  Any suggestions?  Thanks.  Arlene

On Wed, Jul 21, 2021 at 11:04 AM RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>> wrote:
I would consider filing a circuit court action to expunge it from the record and for damages under F.S. 817.535 and also file a police report about their having modified a notarized document and recorded it which is a felony under that section. I had a series of fraudulent deeds removed from the official records entirely utilizing that statute a few years ago.

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On Wed, Jul 21, 2021 at 9:32 AM RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>> wrote:
Arlene:

In Escambia County, when a tenant claims an interest in the property, our county judge transfers the case to circuit court for an ejectment action with leave to amend the complaint and a limited time to pay the circuit court filing fee.  Looks like you are going to  have to try title.

Chuck Hoskin

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, July 21, 2021 6:58 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: [RPPTL Leasing Committee] Eviction Question

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My client (landlord) sent a short  notarized offer to sell to the tenant who is interested in buying the property.  the tenant typed on the top of  the  page "Agreement For Deed" and also typed in the legal description.  He then recorded the document and now shows up on the Property Appraiser's website..

We will be in Circuit Court to clear the title, but my client wants him out of the property ASAP, therefore the eviction.  I filed the eviction papers in County Court, and the defendant's lawyer filed a Motion to Dismiss, alleging he has an interest in the property and therefore cannot be evicted.  No rent has been paid into the Court.

Should I file  a default against the tenant or set the Motion to Dismiss for Hearing? or another avenue?  Thanks. Arlene

--

Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176

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