[RPPTL LandTen] 2-year residential lease
All: Any insight on the following fact pattern will be greatly appreciated.
A landlord and tenant enter into a 2-year residential lease agreement. The
provision covering defaults is the same language that is used in the Fla.
Supreme Court approved lease provision which refers the parties to Chapter
83, Part II, a copy of which is included with the 2-year lease. Tenant
breaches the lease for non-payment of rent.
QUESTION: Can the landlord file an action for possession under the FRLTA or
does the fact that a "tenant" means a person entitled to occupy a dwelling
unit under a "rental agreement" and "rental agreement" under Part II is
defined as a agreement for a duration of less than one year, prevent the
landlord from bringing an eviction action and/or proceeding under the
summary procedure statute?
Thank you for your comments and input.
Regards,
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A We've Moved!
Boca Raton, Florida 33431
Telephone: (561) 989-3206
Facsimile: (561) 989-3204
Website: www.horkylaw.com http://www.horkylaw.com/
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We r picking u up, right?
Sent from my iPhone
On Feb 16, 2013, at 10:34 PM, "Anthony J. Horky" ahorky@horkylaw.com wrote:
All: Any insight on the following fact pattern will be greatly appreciated.
A landlord and tenant enter into a 2-year residential lease agreement. The provision covering defaults is the same language that is used in the Fla. Supreme Court approved lease provision which refers the parties to Chapter 83, Part II, a copy of which is included with the 2-year lease. Tenant breaches the lease for non-payment of rent.
QUESTION: Can the landlord file an action for possession under the FRLTA or does the fact that a “tenant” means a person entitled to occupy a dwelling unit under a “rental agreement” and “rental agreement” under Part II is defined as a agreement for a duration of less than one year, prevent the landlord from bringing an eviction action and/or proceeding under the summary procedure statute?
Thank you for your comments and input.
Regards,
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A We've Moved!
Boca Raton, Florida 33431
Telephone: (561) 989-3206
Facsimile: (561) 989-3204
Website: 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.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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I believe the one year limitation in the statute is for oral lease
agreements only. A written lease can be for multiple years.
Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel: (407) 392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net
Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation
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On Sat, Feb 16, 2013 at 10:34 PM, Anthony J. Horky ahorky@horkylaw.comwrote:
All: Any insight on the following fact pattern will be greatly
appreciated.****
A landlord and tenant enter into a 2-year residential lease agreement.
The provision covering defaults is the same language that is used in the
Fla. Supreme Court approved lease provision which refers the parties to
Chapter 83, Part II, a copy of which is included with the 2-year lease.
Tenant breaches the lease for non-payment of rent. ****
QUESTION: Can the landlord file an action for possession under the FRLTA
or does the fact that a “tenant” means a person entitled to occupy a
dwelling unit under a “rental agreement” and “rental agreement” under Part
II is defined as a agreement for a duration of less than one year, prevent
the landlord from bringing an eviction action and/or proceeding under the
summary procedure statute?****
Thank you for your comments and input.****
Regards,****
Anthony J. Horky, Esquire****
Anthony J. Horky, P.A.****
2255 Glades Road, Suite 324A We've Moved!****
Boca Raton, Florida 33431****
Telephone: (561) 989-3206****
Facsimile: (561) 989-3204****
Website: 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.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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