The new part of the unlawful detainer law went into effect July 1, 2015 which may help in your case if the girlfriend doesn’t have his address on her driver’s license.
Whether unlawful detainer or eviction is proper becomes a circular argument. There is case law which states that Chapter 82 does not apply.  There is also another case which states that “common law unlawful detainer” is appropriate which doesn’t allow summary procedure.  I have fought with this for almost 20 years and it seems the judges don’t know unlawful detainer and don’t care what you file if you have any argument they will evict.
In my opinion, there is no right answer as it is not addressed in the statute.  (I still have to  find a common law unlawful detainer case).
Leonard P. Cabral
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Monday, July 06, 2015 9:42 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

I use the unlawful detainer statue without any reference to the eviction statute.  Unlawful detainer does not provide for attorneys fees, the eviction statute does.  They both provide for summary procedure under 51.011.  In the central Florida area I have had only one county judge hold up the process and after a hearing where I explained what was going on the judge entered judgment for possession.
If the girlfriend raises some claim that she is a tenant, then just set it for hearing and have her prove her case.  You can amend the complaint at that point to include eviction.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Fri, Apr 3, 2015 at 12:47 PM, Lainie Simon <ljsimon1@comcast.netmailto:ljsimon1@comcast.net> wrote:
It never leaves unlawful detainer only.
Always do an alternative count for eviction.  You don’t know what she is going to say and you don’t know the comfort level of the judge with unlawful detainer.  You also have to think of the clerk and JA—they know eviction but not unlawful detainer.  There is theory and reality.  Reality holds that you always include a count for eviction.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.445.1361tel:561.445.1361
561.997.6224tel:561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Apr 3, 2015, at 10:53 AM, Anthony J. Horky <ahorky@horkylaw.commailto:ahorky@horkylaw.com> wrote:

Thank you everyone for your excellent input.

Based on the opposing views this seems to be a grey area.  I’m inclined to try unlawful detainer first but have recommended that the tenant attempt to pay the ex-girlfriend to leave.  There are several incidents of prior police calls so the references to a restraining order was well taken.  So was the comment that the landlord may find the tenant in breach and have them both removed.  I do not believe that ejectment is correct as there is no issue of who has better title to the residence, and eviction is not applicable because there is no rental agreement, oral or written, between the tenant and his girlfriend.  That leaves unlawful detainer only.

82.04 Remedy for unlawful detention.—
(1) If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of the person’s right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under s. 51.011http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0051/Sections/0051.011.html, at any time within 3 years after the possession has been withheld from the party against his or her consent.
(2) This section shall not apply with regard to residential tenancies.

This is a case of two persons living in a residence, but for the girlfriend it is not a “residential tenancy.”  Although Chapter 82 does not apply to “residential tenancies” there is no such defined term under Chapters 82 or 83.  As I wrote in ActionLine last year, without a definition we should look to the terms under 83 that together can be used to define such a tenancy.  There is no indicia of such tenancy here. The girlfriend did not enter into a “rental agreement,” she is not a “tenant,” the tenant is not a “landlord,” and the girlfriend is not paying “rent.”  At the same time, the tenant is entitled to possession.

Regards,

<image002.png>

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206tel:561.989.3206

F: 561.952.0096tel:561.952.0096

www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, April 02, 2015 3:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Same here.  I've filed many unlawful detainer cases under Chapter 82 for various reasons, including facts similar to the case in discussion.  I would recommend Chapter 83, not Ejectment.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744tel:%28561%29%20281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Joseph Alexander <jalexander@lieserskaff.commailto:jalexander@lieserskaff.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Thursday, April 2, 2015 3:22 PM
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

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) 280-1256tel:%28813%29%20280-1256
Fax: (813) 251-8715tel:%28813%29%20251-8715
Email: jalexander@lieserskaff.commailto:jalexander@lieserskaff.com
Web: www.lieserskaff.comhttp://www.lieserskaff.com/

On Apr 2, 2015 3:08 PM, "Dariel Abrahamy" <Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@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.

<image003.jpg>
Dariel Abrahamy, Esq.
Shareholder
200 E. Broward Blvd, Suite 1800
Fort Lauderdale, FL 33301
P: 954-491-1120tel:954-491-1120; F: 954-343-6972tel:954-343-6972
Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@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@horkylaw.commailto:ahorky@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,

<image004.png>

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206tel:561.989.3206
F: 561.952.0096tel:561.952.0096
www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

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Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, ''written advice'' as defined in Section 10.37 of Treasury Department Circular 230.

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CAUTION in these case.  In my experience, Girlfriends find out that the Boyfriend want her out or is going to evict her, Girlfriend files an injunction for protection against domestic violence and the judge gives the girlfriend the rental dwelling.  She doesn’t pay rent and Boyfriend is evicted.
I have attached the new section of the unlawful detainer statute.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Monday, July 06, 2015 9:42 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

I use the unlawful detainer statue without any reference to the eviction statute.  Unlawful detainer does not provide for attorneys fees, the eviction statute does.  They both provide for summary procedure under 51.011.  In the central Florida area I have had only one county judge hold up the process and after a hearing where I explained what was going on the judge entered judgment for possession.
If the girlfriend raises some claim that she is a tenant, then just set it for hearing and have her prove her case.  You can amend the complaint at that point to include eviction.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Fri, Apr 3, 2015 at 12:47 PM, Lainie Simon <ljsimon1@comcast.netmailto:ljsimon1@comcast.net> wrote:
It never leaves unlawful detainer only.
Always do an alternative count for eviction.  You don’t know what she is going to say and you don’t know the comfort level of the judge with unlawful detainer.  You also have to think of the clerk and JA—they know eviction but not unlawful detainer.  There is theory and reality.  Reality holds that you always include a count for eviction.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.445.1361tel:561.445.1361
561.997.6224tel:561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Apr 3, 2015, at 10:53 AM, Anthony J. Horky <ahorky@horkylaw.commailto:ahorky@horkylaw.com> wrote:

Thank you everyone for your excellent input.

Based on the opposing views this seems to be a grey area.  I’m inclined to try unlawful detainer first but have recommended that the tenant attempt to pay the ex-girlfriend to leave.  There are several incidents of prior police calls so the references to a restraining order was well taken.  So was the comment that the landlord may find the tenant in breach and have them both removed.  I do not believe that ejectment is correct as there is no issue of who has better title to the residence, and eviction is not applicable because there is no rental agreement, oral or written, between the tenant and his girlfriend.  That leaves unlawful detainer only.

82.04 Remedy for unlawful detention.—
(1) If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of the person’s right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under s. 51.011http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0051/Sections/0051.011.html, at any time within 3 years after the possession has been withheld from the party against his or her consent.
(2) This section shall not apply with regard to residential tenancies.

This is a case of two persons living in a residence, but for the girlfriend it is not a “residential tenancy.”  Although Chapter 82 does not apply to “residential tenancies” there is no such defined term under Chapters 82 or 83.  As I wrote in ActionLine last year, without a definition we should look to the terms under 83 that together can be used to define such a tenancy.  There is no indicia of such tenancy here. The girlfriend did not enter into a “rental agreement,” she is not a “tenant,” the tenant is not a “landlord,” and the girlfriend is not paying “rent.”  At the same time, the tenant is entitled to possession.

Regards,

<image002.png>

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206tel:561.989.3206

F: 561.952.0096tel:561.952.0096

www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, April 02, 2015 3:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Same here.  I've filed many unlawful detainer cases under Chapter 82 for various reasons, including facts similar to the case in discussion.  I would recommend Chapter 83, not Ejectment.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744tel:%28561%29%20281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Joseph Alexander <jalexander@lieserskaff.commailto:jalexander@lieserskaff.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Thursday, April 2, 2015 3:22 PM
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

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) 280-1256tel:%28813%29%20280-1256
Fax: (813) 251-8715tel:%28813%29%20251-8715
Email: jalexander@lieserskaff.commailto:jalexander@lieserskaff.com
Web: www.lieserskaff.comhttp://www.lieserskaff.com/

On Apr 2, 2015 3:08 PM, "Dariel Abrahamy" <Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@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.

<image003.jpg>
Dariel Abrahamy, Esq.
Shareholder
200 E. Broward Blvd, Suite 1800
Fort Lauderdale, FL 33301
P: 954-491-1120tel:954-491-1120; F: 954-343-6972tel:954-343-6972
Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@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@horkylaw.commailto:ahorky@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,

<image004.png>

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206tel:561.989.3206
F: 561.952.0096tel:561.952.0096
www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

landten mailing list
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http://mailman.fsr.com/mailman/listinfo/landten

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have

received this communication in error, please notify us immediately by reply e-mail.

Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, ''written advice'' as defined in Section 10.37 of Treasury Department Circular 230.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

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Since we are on the subject of unlawful detainer

If the landlord takes possession from the tenant without legal process, (lock out) can the tenant bring an action for unlawful detainer against the landlord?    I believe the strict reading of the statute you can. I think it is irrelevant to such an action that the tenant’s possession is wrongful since the action for unlawful detainer is designed to compel the party claiming rightful possession (Tenant who was locked out) to use legal channels to evict the tenant.  I haven’t done this yet only because I do not like the language in the statute regarding residential tenancies.  (My first thought when I devised this plan to file an unlawful detainer against a landlord who locked out a tenant was that the language was specifically put in the statute so an unlawful detainer you could not be brought against a landlord in residential lockouts),

Anyone like to comment?  Anyone agree or disagree?

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, July 06, 2015 7:40 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

CAUTION in these case.  In my experience, Girlfriends find out that the Boyfriend want her out or is going to evict her, Girlfriend files an injunction for protection against domestic violence and the judge gives the girlfriend the rental dwelling.  She doesn’t pay rent and Boyfriend is evicted.
I have attached the new section of the unlawful detainer statute.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Monday, July 06, 2015 9:42 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

I use the unlawful detainer statue without any reference to the eviction statute.  Unlawful detainer does not provide for attorneys fees, the eviction statute does.  They both provide for summary procedure under 51.011.  In the central Florida area I have had only one county judge hold up the process and after a hearing where I explained what was going on the judge entered judgment for possession.
If the girlfriend raises some claim that she is a tenant, then just set it for hearing and have her prove her case.  You can amend the complaint at that point to include eviction.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Fri, Apr 3, 2015 at 12:47 PM, Lainie Simon <ljsimon1@comcast.netmailto:ljsimon1@comcast.net> wrote:
It never leaves unlawful detainer only.
Always do an alternative count for eviction.  You don’t know what she is going to say and you don’t know the comfort level of the judge with unlawful detainer.  You also have to think of the clerk and JA—they know eviction but not unlawful detainer.  There is theory and reality.  Reality holds that you always include a count for eviction.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.445.1361tel:561.445.1361
561.997.6224tel:561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Apr 3, 2015, at 10:53 AM, Anthony J. Horky <ahorky@horkylaw.commailto:ahorky@horkylaw.com> wrote:

Thank you everyone for your excellent input.

Based on the opposing views this seems to be a grey area.  I’m inclined to try unlawful detainer first but have recommended that the tenant attempt to pay the ex-girlfriend to leave.  There are several incidents of prior police calls so the references to a restraining order was well taken.  So was the comment that the landlord may find the tenant in breach and have them both removed.  I do not believe that ejectment is correct as there is no issue of who has better title to the residence, and eviction is not applicable because there is no rental agreement, oral or written, between the tenant and his girlfriend.  That leaves unlawful detainer only.

82.04 Remedy for unlawful detention.—
(1) If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of the person’s right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under s. 51.011http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0051/Sections/0051.011.html, at any time within 3 years after the possession has been withheld from the party against his or her consent.
(2) This section shall not apply with regard to residential tenancies.

This is a case of two persons living in a residence, but for the girlfriend it is not a “residential tenancy.”  Although Chapter 82 does not apply to “residential tenancies” there is no such defined term under Chapters 82 or 83.  As I wrote in ActionLine last year, without a definition we should look to the terms under 83 that together can be used to define such a tenancy.  There is no indicia of such tenancy here. The girlfriend did not enter into a “rental agreement,” she is not a “tenant,” the tenant is not a “landlord,” and the girlfriend is not paying “rent.”  At the same time, the tenant is entitled to possession.

Regards,

<image002.png>

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206tel:561.989.3206

F: 561.952.0096tel:561.952.0096

www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, April 02, 2015 3:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Same here.  I've filed many unlawful detainer cases under Chapter 82 for various reasons, including facts similar to the case in discussion.  I would recommend Chapter 83, not Ejectment.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744tel:%28561%29%20281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Joseph Alexander <jalexander@lieserskaff.commailto:jalexander@lieserskaff.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Thursday, April 2, 2015 3:22 PM
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

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) 280-1256tel:%28813%29%20280-1256
Fax: (813) 251-8715tel:%28813%29%20251-8715
Email: jalexander@lieserskaff.commailto:jalexander@lieserskaff.com
Web: www.lieserskaff.comhttp://www.lieserskaff.com/

On Apr 2, 2015 3:08 PM, "Dariel Abrahamy" <Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@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.

<image003.jpg>
Dariel Abrahamy, Esq.
Shareholder
200 E. Broward Blvd, Suite 1800
Fort Lauderdale, FL 33301
P: 954-491-1120tel:954-491-1120; F: 954-343-6972tel:954-343-6972
Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@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@horkylaw.commailto:ahorky@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,

<image004.png>

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206tel:561.989.3206
F: 561.952.0096tel:561.952.0096
www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

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The remedy in this case is unlawful detainer under Chapter 82.  A new section has been added to Chapter 82 and became law July 1, 2015.  Interesting to see how the police departments react to the new section.

Attached also is something Anthony Horky drafted a few years ago.  I refer to it each time a unlawful detainer or eviction comes up.  Thank you Anthony and I hope you don’t mind me sharing your work with the group.  Arlene

[Udick Law Logo_sig]

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

EMAIL CONFIDENTIALITY:  The information contained in this electronic message may contain attorney-client privilege and confidential information intended only for use of the owner of the email address listed as the recipient of this message.  If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this information is strictly prohibited.  If you have received this email in error, please notify the sender by return email and/or by telephone at 352-391-1888.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Monday, July 06, 2015 9:42 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

I use the unlawful detainer statue without any reference to the eviction statute.  Unlawful detainer does not provide for attorneys fees, the eviction statute does.  They both provide for summary procedure under 51.011.  In the central Florida area I have had only one county judge hold up the process and after a hearing where I explained what was going on the judge entered judgment for possession.
If the girlfriend raises some claim that she is a tenant, then just set it for hearing and have her prove her case.  You can amend the complaint at that point to include eviction.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Fri, Apr 3, 2015 at 12:47 PM, Lainie Simon <ljsimon1@comcast.netmailto:ljsimon1@comcast.net> wrote:
It never leaves unlawful detainer only.
Always do an alternative count for eviction.  You don’t know what she is going to say and you don’t know the comfort level of the judge with unlawful detainer.  You also have to think of the clerk and JA—they know eviction but not unlawful detainer.  There is theory and reality.  Reality holds that you always include a count for eviction.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.445.1361tel:561.445.1361
561.997.6224tel:561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Apr 3, 2015, at 10:53 AM, Anthony J. Horky <ahorky@horkylaw.commailto:ahorky@horkylaw.com> wrote:

Thank you everyone for your excellent input.

Based on the opposing views this seems to be a grey area.  I’m inclined to try unlawful detainer first but have recommended that the tenant attempt to pay the ex-girlfriend to leave.  There are several incidents of prior police calls so the references to a restraining order was well taken.  So was the comment that the landlord may find the tenant in breach and have them both removed.  I do not believe that ejectment is correct as there is no issue of who has better title to the residence, and eviction is not applicable because there is no rental agreement, oral or written, between the tenant and his girlfriend.  That leaves unlawful detainer only.

82.04 Remedy for unlawful detention.—
(1) If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of the person’s right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under s. 51.011http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0051/Sections/0051.011.html, at any time within 3 years after the possession has been withheld from the party against his or her consent.
(2) This section shall not apply with regard to residential tenancies.

This is a case of two persons living in a residence, but for the girlfriend it is not a “residential tenancy.”  Although Chapter 82 does not apply to “residential tenancies” there is no such defined term under Chapters 82 or 83.  As I wrote in ActionLine last year, without a definition we should look to the terms under 83 that together can be used to define such a tenancy.  There is no indicia of such tenancy here. The girlfriend did not enter into a “rental agreement,” she is not a “tenant,” the tenant is not a “landlord,” and the girlfriend is not paying “rent.”  At the same time, the tenant is entitled to possession.

Regards,

<image002.png>

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206tel:561.989.3206

F: 561.952.0096tel:561.952.0096

www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, April 02, 2015 3:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Same here.  I've filed many unlawful detainer cases under Chapter 82 for various reasons, including facts similar to the case in discussion.  I would recommend Chapter 83, not Ejectment.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744tel:%28561%29%20281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Joseph Alexander <jalexander@lieserskaff.commailto:jalexander@lieserskaff.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Thursday, April 2, 2015 3:22 PM
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

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) 280-1256tel:%28813%29%20280-1256
Fax: (813) 251-8715tel:%28813%29%20251-8715
Email: jalexander@lieserskaff.commailto:jalexander@lieserskaff.com
Web: www.lieserskaff.comhttp://www.lieserskaff.com/

On Apr 2, 2015 3:08 PM, "Dariel Abrahamy" <Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@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.

<image003.jpg>
Dariel Abrahamy, Esq.
Shareholder
200 E. Broward Blvd, Suite 1800
Fort Lauderdale, FL 33301
P: 954-491-1120tel:954-491-1120; F: 954-343-6972tel:954-343-6972
Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@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@horkylaw.commailto:ahorky@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,

<image004.png>

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206tel:561.989.3206
F: 561.952.0096tel:561.952.0096
www.horkylaw.comhttp://www.horkylaw.com/

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Good luck getting the Sheriff to do this.

Harry

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arlene Udick
Sent: Tuesday, July 07, 2015 11:00 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

The remedy in this case is unlawful detainer under Chapter 82.  A new section has been added to Chapter 82 and became law July 1, 2015.  Interesting to see how the police departments react to the new section.

Attached also is something Anthony Horky drafted a few years ago.  I refer to it each time a unlawful detainer or eviction comes up.  Thank you Anthony and I hope you don’t mind me sharing your work with the group.  Arlene

Udick Law Logo_sig

Arlene C. Udick, Esq.

(p) 352-391-1888

(c) 352-217-3176

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Monday, July 06, 2015 9:42 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

I use the unlawful detainer statue without any reference to the eviction statute.  Unlawful detainer does not provide for attorneys fees, the eviction statute does.  They both provide for summary procedure under 51.011.  In the central Florida area I have had only one county judge hold up the process and after a hearing where I explained what was going on the judge entered judgment for possession.

If the girlfriend raises some claim that she is a tenant, then just set it for hearing and have her prove her case.  You can amend the complaint at that point to include eviction.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation

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On Fri, Apr 3, 2015 at 12:47 PM, Lainie Simon ljsimon1@comcast.net wrote:

It never leaves unlawful detainer only.

Always do an alternative count for eviction.  You don’t know what she is going to say and you don’t know the comfort level of the judge with unlawful detainer.  You also have to think of the clerk and JA—they know eviction but not unlawful detainer.  There is theory and reality.  Reality holds that you always include a count for eviction.

Lainie J. Simon, Esq.

185 NW Spanish River Boulevard

Suite 220

Boca Raton, FL  33431

561.445.1361

561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.

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On Apr 3, 2015, at 10:53 AM, Anthony J. Horky ahorky@horkylaw.com wrote:

Thank you everyone for your excellent input.

Based on the opposing views this seems to be a grey area.  I’m inclined to try unlawful detainer first but have recommended that the tenant attempt to pay the ex-girlfriend to leave.  There are several incidents of prior police calls so the references to a restraining order was well taken.  So was the comment that the landlord may find the tenant in breach and have them both removed.  I do not believe that ejectment is correct as there is no issue of who has better title to the residence, and eviction is not applicable because there is no rental agreement, oral or written, between the tenant and his girlfriend.  That leaves unlawful detainer only.

82.04 Remedy for unlawful detention.—

(1) If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of the person’s right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under s. 51.011 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0051/Sections/0051.011.html , at any time within 3 years after the possession has been withheld from the party against his or her consent.

(2) This section shall not apply with regard to residential tenancies.

This is a case of two persons living in a residence, but for the girlfriend it is not a “residential tenancy.”  Although Chapter 82 does not apply to “residential tenancies” there is no such defined term under Chapters 82 or 83.  As I wrote in ActionLine last year, without a definition we should look to the terms under 83 that together can be used to define such a tenancy.  There is no indicia of such tenancy here. The girlfriend did not enter into a “rental agreement,” she is not a “tenant,” the tenant is not a “landlord,” and the girlfriend is not paying “rent.”  At the same time, the tenant is entitled to possession.

Regards,

<image002.png>

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 http://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at:  mailto:ahorky@horkylaw.com ahorky@horkylaw.com.

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, April 02, 2015 3:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Same here.  I've filed many unlawful detainer cases under Chapter 82 for various reasons, including facts similar to the case in discussion.  I would recommend Chapter 83, not Ejectment.

Cary

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Phone: (561) 281-2744 tel:%28561%29%20281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

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From: Joseph Alexander jalexander@lieserskaff.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Thursday, April 2, 2015 3:22 PM
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

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 tel:%28813%29%20280-1256
Fax: (813) 251-8715 tel:%28813%29%20251-8715
Email: jalexander@lieserskaff.com
Web: www.lieserskaff.com http://www.lieserskaff.com/

On Apr 2, 2015 3:08 PM, "Dariel Abrahamy" Dariel.Abrahamy@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.

<image003.jpg>

Dariel Abrahamy, Esq.

Shareholder

200 E. Broward Blvd, Suite 1800

Fort Lauderdale, FL 33301

P: 954-491-1120; F: 954-343-6972

Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@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,

<image004.png>

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 http://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at:  mailto:ahorky@horkylaw.com ahorky@horkylaw.com.

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I believe you can, since the landlord does not have tenancy to be in the property.  The Tenant has the right of possession.

Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0B8A8.508D7A10]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, July 06, 2015 8:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Since we are on the subject of unlawful detainer

If the landlord takes possession from the tenant without legal process, (lock out) can the tenant bring an action for unlawful detainer against the landlord?    I believe the strict reading of the statute you can. I think it is irrelevant to such an action that the tenant’s possession is wrongful since the action for unlawful detainer is designed to compel the party claiming rightful possession (Tenant who was locked out) to use legal channels to evict the tenant.  I haven’t done this yet only because I do not like the language in the statute regarding residential tenancies.  (My first thought when I devised this plan to file an unlawful detainer against a landlord who locked out a tenant was that the language was specifically put in the statute so an unlawful detainer you could not be brought against a landlord in residential lockouts),

Anyone like to comment?  Anyone agree or disagree?

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, July 06, 2015 7:40 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

CAUTION in these case.  In my experience, Girlfriends find out that the Boyfriend want her out or is going to evict her, Girlfriend files an injunction for protection against domestic violence and the judge gives the girlfriend the rental dwelling.  She doesn’t pay rent and Boyfriend is evicted.
I have attached the new section of the unlawful detainer statute.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Monday, July 06, 2015 9:42 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

I use the unlawful detainer statue without any reference to the eviction statute.  Unlawful detainer does not provide for attorneys fees, the eviction statute does.  They both provide for summary procedure under 51.011.  In the central Florida area I have had only one county judge hold up the process and after a hearing where I explained what was going on the judge entered judgment for possession.
If the girlfriend raises some claim that she is a tenant, then just set it for hearing and have her prove her case.  You can amend the complaint at that point to include eviction.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Fri, Apr 3, 2015 at 12:47 PM, Lainie Simon <ljsimon1@comcast.netmailto:ljsimon1@comcast.net> wrote:
It never leaves unlawful detainer only.
Always do an alternative count for eviction.  You don’t know what she is going to say and you don’t know the comfort level of the judge with unlawful detainer.  You also have to think of the clerk and JA—they know eviction but not unlawful detainer.  There is theory and reality.  Reality holds that you always include a count for eviction.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.445.1361tel:561.445.1361
561.997.6224tel:561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Apr 3, 2015, at 10:53 AM, Anthony J. Horky <ahorky@horkylaw.commailto:ahorky@horkylaw.com> wrote:

Thank you everyone for your excellent input.

Based on the opposing views this seems to be a grey area.  I’m inclined to try unlawful detainer first but have recommended that the tenant attempt to pay the ex-girlfriend to leave.  There are several incidents of prior police calls so the references to a restraining order was well taken.  So was the comment that the landlord may find the tenant in breach and have them both removed.  I do not believe that ejectment is correct as there is no issue of who has better title to the residence, and eviction is not applicable because there is no rental agreement, oral or written, between the tenant and his girlfriend.  That leaves unlawful detainer only.

82.04 Remedy for unlawful detention.—
(1) If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of the person’s right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under s. 51.011http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0051/Sections/0051.011.html, at any time within 3 years after the possession has been withheld from the party against his or her consent.
(2) This section shall not apply with regard to residential tenancies.

This is a case of two persons living in a residence, but for the girlfriend it is not a “residential tenancy.”  Although Chapter 82 does not apply to “residential tenancies” there is no such defined term under Chapters 82 or 83.  As I wrote in ActionLine last year, without a definition we should look to the terms under 83 that together can be used to define such a tenancy.  There is no indicia of such tenancy here. The girlfriend did not enter into a “rental agreement,” she is not a “tenant,” the tenant is not a “landlord,” and the girlfriend is not paying “rent.”  At the same time, the tenant is entitled to possession.

Regards,

<image002.png>

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206tel:561.989.3206

F: 561.952.0096tel:561.952.0096

www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, April 02, 2015 3:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Same here.  I've filed many unlawful detainer cases under Chapter 82 for various reasons, including facts similar to the case in discussion.  I would recommend Chapter 83, not Ejectment.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744tel:%28561%29%20281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Joseph Alexander <jalexander@lieserskaff.commailto:jalexander@lieserskaff.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Thursday, April 2, 2015 3:22 PM
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

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) 280-1256tel:%28813%29%20280-1256
Fax: (813) 251-8715tel:%28813%29%20251-8715
Email: jalexander@lieserskaff.commailto:jalexander@lieserskaff.com
Web: www.lieserskaff.comhttp://www.lieserskaff.com/

On Apr 2, 2015 3:08 PM, "Dariel Abrahamy" <Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@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.

<image003.jpg>
Dariel Abrahamy, Esq.
Shareholder
200 E. Broward Blvd, Suite 1800
Fort Lauderdale, FL 33301
P: 954-491-1120tel:954-491-1120; F: 954-343-6972tel:954-343-6972
Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@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@horkylaw.commailto:ahorky@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,

<image004.png>

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206tel:561.989.3206
F: 561.952.0096tel:561.952.0096
www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

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I live in Sanford where men are men and kids in hoodies are scared to death.  Sanford police will probably shoot a transient occupant first then ask the landlord if he is sure that the transient occupant is a trespasser (second).  It is going to take 10 years for my property value to go up after Trayvon Martin incident.
Since the police have no liability I don’t see why they won’t do it.  They do it for Hotels and Motels all the time.  There is one building in my town that has a hotel license that rents by the month (only) and tenants have lived there for years and the police and/or sheriff will put them out at the landlords request.
Leonard P. Cabral
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, July 07, 2015 11:06 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Good luck getting the Sheriff to do this.

Harry

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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arlene Udick
Sent: Tuesday, July 07, 2015 11:00 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

The remedy in this case is unlawful detainer under Chapter 82.  A new section has been added to Chapter 82 and became law July 1, 2015.  Interesting to see how the police departments react to the new section.

Attached also is something Anthony Horky drafted a few years ago.  I refer to it each time a unlawful detainer or eviction comes up.  Thank you Anthony and I hope you don’t mind me sharing your work with the group.  Arlene

[Udick Law Logo_sig]
Arlene C. Udick, Esq.
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(c) 352-217-3176

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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Monday, July 06, 2015 9:42 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

I use the unlawful detainer statue without any reference to the eviction statute.  Unlawful detainer does not provide for attorneys fees, the eviction statute does.  They both provide for summary procedure under 51.011.  In the central Florida area I have had only one county judge hold up the process and after a hearing where I explained what was going on the judge entered judgment for possession.
If the girlfriend raises some claim that she is a tenant, then just set it for hearing and have her prove her case.  You can amend the complaint at that point to include eviction.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
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On Fri, Apr 3, 2015 at 12:47 PM, Lainie Simon <ljsimon1@comcast.netmailto:ljsimon1@comcast.net> wrote:
It never leaves unlawful detainer only.
Always do an alternative count for eviction.  You don’t know what she is going to say and you don’t know the comfort level of the judge with unlawful detainer.  You also have to think of the clerk and JA—they know eviction but not unlawful detainer.  There is theory and reality.  Reality holds that you always include a count for eviction.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.445.1361tel:561.445.1361
561.997.6224tel:561.997.6224(fax)

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On Apr 3, 2015, at 10:53 AM, Anthony J. Horky <ahorky@horkylaw.commailto:ahorky@horkylaw.com> wrote:

Thank you everyone for your excellent input.

Based on the opposing views this seems to be a grey area.  I’m inclined to try unlawful detainer first but have recommended that the tenant attempt to pay the ex-girlfriend to leave.  There are several incidents of prior police calls so the references to a restraining order was well taken.  So was the comment that the landlord may find the tenant in breach and have them both removed.  I do not believe that ejectment is correct as there is no issue of who has better title to the residence, and eviction is not applicable because there is no rental agreement, oral or written, between the tenant and his girlfriend.  That leaves unlawful detainer only.

82.04 Remedy for unlawful detention.—
(1) If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of the person’s right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under s. 51.011http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0051/Sections/0051.011.html, at any time within 3 years after the possession has been withheld from the party against his or her consent.
(2) This section shall not apply with regard to residential tenancies.

This is a case of two persons living in a residence, but for the girlfriend it is not a “residential tenancy.”  Although Chapter 82 does not apply to “residential tenancies” there is no such defined term under Chapters 82 or 83.  As I wrote in ActionLine last year, without a definition we should look to the terms under 83 that together can be used to define such a tenancy.  There is no indicia of such tenancy here. The girlfriend did not enter into a “rental agreement,” she is not a “tenant,” the tenant is not a “landlord,” and the girlfriend is not paying “rent.”  At the same time, the tenant is entitled to possession.

Regards,

<image002.png>

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206tel:561.989.3206

F: 561.952.0096tel:561.952.0096

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This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, April 02, 2015 3:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Same here.  I've filed many unlawful detainer cases under Chapter 82 for various reasons, including facts similar to the case in discussion.  I would recommend Chapter 83, not Ejectment.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
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From: Joseph Alexander <jalexander@lieserskaff.commailto:jalexander@lieserskaff.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Thursday, April 2, 2015 3:22 PM
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

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) 280-1256tel:%28813%29%20280-1256
Fax: (813) 251-8715tel:%28813%29%20251-8715
Email: jalexander@lieserskaff.commailto:jalexander@lieserskaff.com
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On Apr 2, 2015 3:08 PM, "Dariel Abrahamy" <Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@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.

<image003.jpg>
Dariel Abrahamy, Esq.
Shareholder
200 E. Broward Blvd, Suite 1800
Fort Lauderdale, FL 33301
P: 954-491-1120tel:954-491-1120; F: 954-343-6972tel:954-343-6972
Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@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@horkylaw.commailto:ahorky@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,

<image004.png>

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206tel:561.989.3206
F: 561.952.0096tel:561.952.0096
www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

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Based on your legal advice Chip (just kidding) I will try an unlawful detainer on my next lock out case (and I have three years to file it).  I will report back how it goes.

Leonard P. Cabral
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Tuesday, July 07, 2015 11:33 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

I believe you can, since the landlord does not have tenancy to be in the property.  The Tenant has the right of possession.

Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller@rdwaller.commailto:Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0B8AB.71CA34E0]

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, July 06, 2015 8:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Since we are on the subject of unlawful detainer

If the landlord takes possession from the tenant without legal process, (lock out) can the tenant bring an action for unlawful detainer against the landlord?    I believe the strict reading of the statute you can. I think it is irrelevant to such an action that the tenant’s possession is wrongful since the action for unlawful detainer is designed to compel the party claiming rightful possession (Tenant who was locked out) to use legal channels to evict the tenant.  I haven’t done this yet only because I do not like the language in the statute regarding residential tenancies.  (My first thought when I devised this plan to file an unlawful detainer against a landlord who locked out a tenant was that the language was specifically put in the statute so an unlawful detainer you could not be brought against a landlord in residential lockouts),

Anyone like to comment?  Anyone agree or disagree?

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, July 06, 2015 7:40 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

CAUTION in these case.  In my experience, Girlfriends find out that the Boyfriend want her out or is going to evict her, Girlfriend files an injunction for protection against domestic violence and the judge gives the girlfriend the rental dwelling.  She doesn’t pay rent and Boyfriend is evicted.
I have attached the new section of the unlawful detainer statute.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Monday, July 06, 2015 9:42 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

I use the unlawful detainer statue without any reference to the eviction statute.  Unlawful detainer does not provide for attorneys fees, the eviction statute does.  They both provide for summary procedure under 51.011.  In the central Florida area I have had only one county judge hold up the process and after a hearing where I explained what was going on the judge entered judgment for possession.
If the girlfriend raises some claim that she is a tenant, then just set it for hearing and have her prove her case.  You can amend the complaint at that point to include eviction.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Fri, Apr 3, 2015 at 12:47 PM, Lainie Simon <ljsimon1@comcast.netmailto:ljsimon1@comcast.net> wrote:
It never leaves unlawful detainer only.
Always do an alternative count for eviction.  You don’t know what she is going to say and you don’t know the comfort level of the judge with unlawful detainer.  You also have to think of the clerk and JA—they know eviction but not unlawful detainer.  There is theory and reality.  Reality holds that you always include a count for eviction.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.445.1361tel:561.445.1361
561.997.6224tel:561.997.6224(fax)

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On Apr 3, 2015, at 10:53 AM, Anthony J. Horky <ahorky@horkylaw.commailto:ahorky@horkylaw.com> wrote:

Thank you everyone for your excellent input.

Based on the opposing views this seems to be a grey area.  I’m inclined to try unlawful detainer first but have recommended that the tenant attempt to pay the ex-girlfriend to leave.  There are several incidents of prior police calls so the references to a restraining order was well taken.  So was the comment that the landlord may find the tenant in breach and have them both removed.  I do not believe that ejectment is correct as there is no issue of who has better title to the residence, and eviction is not applicable because there is no rental agreement, oral or written, between the tenant and his girlfriend.  That leaves unlawful detainer only.

82.04 Remedy for unlawful detention.—
(1) If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of the person’s right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under s. 51.011http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0051/Sections/0051.011.html, at any time within 3 years after the possession has been withheld from the party against his or her consent.
(2) This section shall not apply with regard to residential tenancies.

This is a case of two persons living in a residence, but for the girlfriend it is not a “residential tenancy.”  Although Chapter 82 does not apply to “residential tenancies” there is no such defined term under Chapters 82 or 83.  As I wrote in ActionLine last year, without a definition we should look to the terms under 83 that together can be used to define such a tenancy.  There is no indicia of such tenancy here. The girlfriend did not enter into a “rental agreement,” she is not a “tenant,” the tenant is not a “landlord,” and the girlfriend is not paying “rent.”  At the same time, the tenant is entitled to possession.

Regards,

<image002.png>

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, April 02, 2015 3:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

Same here.  I've filed many unlawful detainer cases under Chapter 82 for various reasons, including facts similar to the case in discussion.  I would recommend Chapter 83, not Ejectment.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
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From: Joseph Alexander <jalexander@lieserskaff.commailto:jalexander@lieserskaff.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Thursday, April 2, 2015 3:22 PM
Subject: Re: [RPPTL LandTen] Girlfriend refuses to leave, now what?

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) 280-1256tel:%28813%29%20280-1256
Fax: (813) 251-8715tel:%28813%29%20251-8715
Email: jalexander@lieserskaff.commailto:jalexander@lieserskaff.com
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On Apr 2, 2015 3:08 PM, "Dariel Abrahamy" <Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@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.

<image003.jpg>
Dariel Abrahamy, Esq.
Shareholder
200 E. Broward Blvd, Suite 1800
Fort Lauderdale, FL 33301
P: 954-491-1120tel:954-491-1120; F: 954-343-6972tel:954-343-6972
Dariel.Abrahamy@gmlaw.commailto:Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@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@horkylaw.commailto:ahorky@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,

<image004.png>

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206tel:561.989.3206
F: 561.952.0096tel:561.952.0096
www.horkylaw.comhttp://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.

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