LG
Lloyd Granet
Wed, Aug 22, 2012 9:38 PM
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. "Occupant" says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. "Occupant" says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
_______________________________
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
CS
Cary Sabol
Wed, Aug 22, 2012 9:53 PM
Lloyd,
The bad news is that, in my opinion, you probably have to file an Ejectment Action, which must be filed in Circuit Court and can be a somewhat slow and tedious process. Unless you can figure out how to justify the arrangement as a landlord/tenant relationship (which it doesn't seem to be) Ejectment is the other alternative.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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: Lloyd Granet lgranet@granetlaw.com
To: "landten@lists.flabarrpptl.org" landten@lists.flabarrpptl.org
Sent: Wednesday, August 22, 2012 5:38 PM
Subject: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any
person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable
privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination,
distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Lloyd,
The bad news is that, in my opinion, you probably have to file an Ejectment Action, which must be filed in Circuit Court and can be a somewhat slow and tedious process. Unless you can figure out how to justify the arrangement as a landlord/tenant relationship (which it doesn't seem to be) Ejectment is the other alternative.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
________________________________
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: Lloyd Granet <lgranet@granetlaw.com>
To: "landten@lists.flabarrpptl.org" <landten@lists.flabarrpptl.org>
Sent: Wednesday, August 22, 2012 5:38 PM
Subject: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
_______________________________
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any
person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable
privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination,
distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
_______________________________________________
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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
CH
Chuck Hoskin
Wed, Aug 22, 2012 9:58 PM
Agree. I have had to do a few this way.
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.commailto:choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, August 22, 2012 4:54 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Lloyd,
The bad news is that, in my opinion, you probably have to file an Ejectment Action, which must be filed in Circuit Court and can be a somewhat slow and tedious process. Unless you can figure out how to justify the arrangement as a landlord/tenant relationship (which it doesn't seem to be) Ejectment is the other alternative.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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: Lloyd Granet <lgranet@granetlaw.commailto:lgranet@granetlaw.com>
To: "landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org" <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Wednesday, August 22, 2012 5:38 PM
Subject: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.commailto:lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Agree. I have had to do a few this way.
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com<mailto:choskin@esclaw.com>) and then delete this message and all copies and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, August 22, 2012 4:54 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Lloyd,
The bad news is that, in my opinion, you probably have to file an Ejectment Action, which must be filed in Circuit Court and can be a somewhat slow and tedious process. Unless you can figure out how to justify the arrangement as a landlord/tenant relationship (which it doesn't seem to be) Ejectment is the other alternative.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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: Lloyd Granet <lgranet@granetlaw.com<mailto:lgranet@granetlaw.com>>
To: "landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>" <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Sent: Wednesday, August 22, 2012 5:38 PM
Subject: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
_______________________________
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com<mailto:lgranet@granetlaw.com>
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
WP
Warren P. Gammill
Wed, Aug 22, 2012 10:07 PM
We don’t burn them out anymore?
Warren P. Gammill, Esq.
Warren Gammill & Associates
Suite 1050, Courthouse Tower
44 West Flagler Street
Miami, Florida 33130
Telephone: 305-579-0000
Telecopier: 305-371-6927
Gammill@MiamiLawOffice.com
Website: www.gammilllaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, August 22, 2012 5:54 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Lloyd,
The bad news is that, in my opinion, you probably have to file an Ejectment Action, which must be filed in Circuit Court and can be a somewhat slow and tedious process. Unless you can figure out how to justify the arrangement as a landlord/tenant relationship (which it doesn't seem to be) Ejectment is the other alternative.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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: Lloyd Granet lgranet@granetlaw.com
To: "landten@lists.flabarrpptl.org" landten@lists.flabarrpptl.org
Sent: Wednesday, August 22, 2012 5:38 PM
Subject: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
We don’t burn them out anymore?
Warren P. Gammill, Esq.
Warren Gammill & Associates
Suite 1050, Courthouse Tower
44 West Flagler Street
Miami, Florida 33130
Telephone: 305-579-0000
Telecopier: 305-371-6927
Gammill@MiamiLawOffice.com
Website: www.gammilllaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, August 22, 2012 5:54 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Lloyd,
The bad news is that, in my opinion, you probably have to file an Ejectment Action, which must be filed in Circuit Court and can be a somewhat slow and tedious process. Unless you can figure out how to justify the arrangement as a landlord/tenant relationship (which it doesn't seem to be) Ejectment is the other alternative.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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: Lloyd Granet <lgranet@granetlaw.com>
To: "landten@lists.flabarrpptl.org" <landten@lists.flabarrpptl.org>
Sent: Wednesday, August 22, 2012 5:38 PM
Subject: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
_______________________________
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
HH
Harry Heist
Wed, Aug 22, 2012 10:13 PM
I agree with Carey and also have sent him a number of these to do for our clients as he has it down pat and we don’t do them. You are going to see a lot of cases where these investors and investor groups are buying houses occupied by unknown people.
The initial approach is to attempt a buyout, cash for keys. Often they will leave for $1000 or less.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Warren P. Gammill
Sent: Wednesday, August 22, 2012 6:08 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
We don’t burn them out anymore?
Warren P. Gammill, Esq.
Warren Gammill & Associates
Suite 1050, Courthouse Tower
44 West Flagler Street
Miami, Florida 33130
Telephone: 305-579-0000
Telecopier: 305-371-6927
Gammill@MiamiLawOffice.com
Website: www.gammilllaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, August 22, 2012 5:54 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Lloyd,
The bad news is that, in my opinion, you probably have to file an Ejectment Action, which must be filed in Circuit Court and can be a somewhat slow and tedious process. Unless you can figure out how to justify the arrangement as a landlord/tenant relationship (which it doesn't seem to be) Ejectment is the other alternative.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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: Lloyd Granet lgranet@granetlaw.com
To: "landten@lists.flabarrpptl.org" landten@lists.flabarrpptl.org
Sent: Wednesday, August 22, 2012 5:38 PM
Subject: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I agree with Carey and also have sent him a number of these to do for our clients as he has it down pat and we don’t do them. You are going to see a lot of cases where these investors and investor groups are buying houses occupied by unknown people.
The initial approach is to attempt a buyout, cash for keys. Often they will leave for $1000 or less.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com <http://www.evict.com/>
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Warren P. Gammill
Sent: Wednesday, August 22, 2012 6:08 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
We don’t burn them out anymore?
Warren P. Gammill, Esq.
Warren Gammill & Associates
Suite 1050, Courthouse Tower
44 West Flagler Street
Miami, Florida 33130
Telephone: 305-579-0000
Telecopier: 305-371-6927
Gammill@MiamiLawOffice.com
Website: www.gammilllaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, August 22, 2012 5:54 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Lloyd,
The bad news is that, in my opinion, you probably have to file an Ejectment Action, which must be filed in Circuit Court and can be a somewhat slow and tedious process. Unless you can figure out how to justify the arrangement as a landlord/tenant relationship (which it doesn't seem to be) Ejectment is the other alternative.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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: Lloyd Granet <lgranet@granetlaw.com>
To: "landten@lists.flabarrpptl.org" <landten@lists.flabarrpptl.org>
Sent: Wednesday, August 22, 2012 5:38 PM
Subject: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
_______________________________
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
LS
Lainie Simon
Wed, Aug 22, 2012 10:24 PM
Why can't you try Ch 83 but with Ch 82 in the alternative? If there is
no residential tenancy, there is a peaceable entry but unlawful
detainer. At least you are in county court. I did this several years
ago in PBC and Judge Lopez was good with it.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (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 8/22/12 5:38 PM, Lloyd Granet wrote:
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of
beneficiary of trust and contingent beneficiary of trust) without
charge, while house is up for sale
House goes under contract and closing is scheduled. "Occupant" says
unwilling to move out.
How can Occupant be removed?
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance
with IRS Circular 230, we must inform you that any U.S. tax advice
contained in this transmission and any attachments hereto is not
intended or written to be used and may not be used by any person for
the purpose of (i) avoiding any penalty that may be imposed by the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her
agent, (b) confidential, and (c) intended only for the use of the
individual or entity to which it is addressed. If the addressee is a
client, this communication is also subject to applicable privileges.
If you are not the addressee, or the employee or agent responsible for
the delivery to the addressee, any dissemination, distribution or
copying of this communication is prohibited. If you received this
communication in error: (a) any dissemination, distribution or copying
is prohibited, and (b) Lloyd Granet, P.A. requests that you
immediately notify us at (561) 999-9300 (collect) and destroy this
communication. Thank you.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Why can't you try Ch 83 but with Ch 82 in the alternative? If there is
no residential tenancy, there is a peaceable entry but unlawful
detainer. At least you are in county court. I did this several years
ago in PBC and Judge Lopez was good with it.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (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 8/22/12 5:38 PM, Lloyd Granet wrote:
>
> Question:
>
> Vacant house owned by trust
>
> An individual is allowed to occupy on temporary basis (child of
> beneficiary of trust and contingent beneficiary of trust) without
> charge, while house is up for sale
>
> House goes under contract and closing is scheduled. "Occupant" says
> unwilling to move out.
>
> How can Occupant be removed?
>
> This email message was sent by:
> _______________________________
> Lloyd Granet
> Law Offices of Lloyd Granet, P.A.
> 2295 NW Corporate Boulevard, Suite 235
> Boca Raton, FL 33431
> Direct Dial: (561) 999-0090
> Main Number: (561) 999-9300 x110
> Fax: (561) 999-9400
> Email: lgranet@granetlaw.com
>
> NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance
> with IRS Circular 230, we must inform you that any U.S. tax advice
> contained in this transmission and any attachments hereto is not
> intended or written to be used and may not be used by any person for
> the purpose of (i) avoiding any penalty that may be imposed by the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any tax-related matter(s) addressed herein.
>
> NOTICE: This communication is: (a) sent by an attorney or his/her
> agent, (b) confidential, and (c) intended only for the use of the
> individual or entity to which it is addressed. If the addressee is a
> client, this communication is also subject to applicable privileges.
> If you are not the addressee, or the employee or agent responsible for
> the delivery to the addressee, any dissemination, distribution or
> copying of this communication is prohibited. If you received this
> communication in error: (a) any dissemination, distribution or copying
> is prohibited, and (b) Lloyd Granet, P.A. requests that you
> immediately notify us at (561) 999-9300 (collect) and destroy this
> communication. Thank you.
>
>
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
AM
Alberto M. Cardet
Wed, Aug 22, 2012 10:51 PM
I agree with Lainie. Ive done a few in Miami-Dade under chapter 82, where
the clients friend or friend of friend moved in and does not want to leave.
Had one were client agreed to lend the key to a prospective tenant to see
the property, prospective tenant borrowed key moved in and changed locks.
Another where client lent vacant apartment to friend of a friend to use
for storage, friend moved in and refused to leave.
I say go with Chapter 82, Civ Pro Form 1.938
Good Luck
Albert
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Wednesday, August 22, 2012 6:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without
rent or lease
Why can't you try Ch 83 but with Ch 82 in the alternative? If there is no
residential tenancy, there is a peaceable entry but unlawful detainer. At
least you are in county court. I did this several years ago in PBC and Judge
Lopez was good with it.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (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 o
f 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 8/22/12 5:38 PM, Lloyd Granet wrote:
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary
of trust and contingent beneficiary of trust) without charge, while house is
up for sale
House goes under contract and closing is scheduled. Occupant says
unwilling to move out.
How can Occupant be removed?
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with
IRS Circular 230, we must inform you that any U.S. tax advice contained in
this transmission and any attachments hereto is not intended or written to
be used and may not be used by any person for the purpose of (i) avoiding
any penalty that may be imposed by the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any tax-related
matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b)
confidential, and (c) intended only for the use of the individual or entity
to which it is addressed. If the addressee is a client, this communication
is also subject to applicable privileges. If you are not the addressee, or
the employee or agent responsible for the delivery to the addressee, any
dissemination, distribution or copying of this communication is prohibited.
If you received this communication in error: (a) any dissemination,
distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests
that you immediately notify us at (561) 999-9300 (collect) and destroy this
communication. Thank you.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I agree with Lainie. Ive done a few in Miami-Dade under chapter 82, where
the clients friend or friend of friend moved in and does not want to leave.
Had one were client agreed to lend the key to a prospective tenant to see
the property, prospective tenant borrowed key moved in and changed locks.
Another where client lent vacant apartment to friend of a friend to use
for storage, friend moved in and refused to leave.
I say go with Chapter 82, Civ Pro Form 1.938
Good Luck
Albert
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Wednesday, August 22, 2012 6:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without
rent or lease
Why can't you try Ch 83 but with Ch 82 in the alternative? If there is no
residential tenancy, there is a peaceable entry but unlawful detainer. At
least you are in county court. I did this several years ago in PBC and Judge
Lopez was good with it.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (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 o
f 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 8/22/12 5:38 PM, Lloyd Granet wrote:
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary
of trust and contingent beneficiary of trust) without charge, while house is
up for sale
House goes under contract and closing is scheduled. Occupant says
unwilling to move out.
How can Occupant be removed?
This email message was sent by:
_______________________________
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with
IRS Circular 230, we must inform you that any U.S. tax advice contained in
this transmission and any attachments hereto is not intended or written to
be used and may not be used by any person for the purpose of (i) avoiding
any penalty that may be imposed by the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any tax-related
matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b)
confidential, and (c) intended only for the use of the individual or entity
to which it is addressed. If the addressee is a client, this communication
is also subject to applicable privileges. If you are not the addressee, or
the employee or agent responsible for the delivery to the addressee, any
dissemination, distribution or copying of this communication is prohibited.
If you received this communication in error: (a) any dissemination,
distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests
that you immediately notify us at (561) 999-9300 (collect) and destroy this
communication. Thank you.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
CS
Cary Sabol
Wed, Aug 22, 2012 11:01 PM
This is true also, I've used the Unlawful Detainer Statute (Ch. 82) a few times as well. The benefit to this option is you are entitled to the expedited process/summary procedure of F.S. 51.011 and can file in County Court, which is usually much quicker.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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: Alberto M. Cardet alcardet@gmail.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Wednesday, August 22, 2012 6:51 PM
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
I agree with Lainie. I’ve done a few in Miami-Dade under chapter 82, where the client’s friend or friend of friend moved in and does not want to leave. Had one were client agreed to “lend” the key to a prospective tenant to see the property, prospective tenant “borrowed” key moved in and changed locks. Another where client “lent” vacant apartment to friend of a friend to use for storage, friend moved in and refused to leave.
I say go with Chapter 82, Civ Pro Form 1.938
Good Luck
Albert
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Wednesday, August 22, 2012 6:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Why can't you try Ch 83 but with Ch 82 in the alternative? If there is no residential tenancy, there is a peaceable entry but unlawful detainer. At least you are in county court. I did this several years ago in PBC and Judge Lopez was good with it.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (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
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On 8/22/12 5:38 PM, Lloyd Granet wrote:
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
How can Occupant be removed?
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
This is true also, I've used the Unlawful Detainer Statute (Ch. 82) a few times as well. The benefit to this option is you are entitled to the expedited process/summary procedure of F.S. 51.011 and can file in County Court, which is usually much quicker.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
________________________________
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: Alberto M. Cardet <alcardet@gmail.com>
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org>
Sent: Wednesday, August 22, 2012 6:51 PM
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
I agree with Lainie. I’ve done a few in Miami-Dade under chapter 82, where the client’s friend or friend of friend moved in and does not want to leave. Had one were client agreed to “lend” the key to a prospective tenant to see the property, prospective tenant “borrowed” key moved in and changed locks. Another where client “lent” vacant apartment to friend of a friend to use for storage, friend moved in and refused to leave.
I say go with Chapter 82, Civ Pro Form 1.938
Good Luck
Albert
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Wednesday, August 22, 2012 6:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without rent or lease
Why can't you try Ch 83 but with Ch 82 in the alternative? If there is no residential tenancy, there is a peaceable entry but unlawful detainer. At least you are in county court. I did this several years ago in PBC and Judge Lopez was good with it.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (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 o
f 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 8/22/12 5:38 PM, Lloyd Granet wrote:
Question:
>
>Vacant house owned by trust
>An individual is allowed to occupy on temporary basis (child of beneficiary of trust and contingent beneficiary of trust) without charge, while house is up for sale
>House goes under contract and closing is scheduled. “Occupant” says unwilling to move out.
>How can Occupant be removed?
>
>This email message was sent by:
>_______________________________
>Lloyd Granet
>Law Offices of Lloyd Granet, P.A.
>2295 NW Corporate Boulevard, Suite 235
>Boca Raton, FL 33431
>Direct Dial: (561) 999-0090
>Main Number: (561) 999-9300 x110
>Fax: (561) 999-9400
>Email: lgranet@granetlaw.com
>
>NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
>
>NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
>
>
>
>
>
>
>
>
>
>_______________________________________________
>landten mailing list
>landten@lists.flabarrpptl.org
>http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
HH
Harry Heist
Wed, Aug 22, 2012 11:05 PM
Were they contested?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto M.
Cardet
Sent: Wednesday, August 22, 2012 6:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without
rent or lease
I agree with Lainie. Ive done a few in Miami-Dade under chapter 82, where
the clients friend or friend of friend moved in and does not want to leave.
Had one were client agreed to lend the key to a prospective tenant to see
the property, prospective tenant borrowed key moved in and changed locks.
Another where client lent vacant apartment to friend of a friend to use
for storage, friend moved in and refused to leave.
I say go with Chapter 82, Civ Pro Form 1.938
Good Luck
Albert
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Wednesday, August 22, 2012 6:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without
rent or lease
Why can't you try Ch 83 but with Ch 82 in the alternative? If there is no
residential tenancy, there is a peaceable entry but unlawful detainer. At
least you are in county court. I did this several years ago in PBC and Judge
Lopez was good with it.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (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 o
f 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 8/22/12 5:38 PM, Lloyd Granet wrote:
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary
of trust and contingent beneficiary of trust) without charge, while house is
up for sale
House goes under contract and closing is scheduled. Occupant says
unwilling to move out.
How can Occupant be removed?
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with
IRS Circular 230, we must inform you that any U.S. tax advice contained in
this transmission and any attachments hereto is not intended or written to
be used and may not be used by any person for the purpose of (i) avoiding
any penalty that may be imposed by the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any tax-related
matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b)
confidential, and (c) intended only for the use of the individual or entity
to which it is addressed. If the addressee is a client, this communication
is also subject to applicable privileges. If you are not the addressee, or
the employee or agent responsible for the delivery to the addressee, any
dissemination, distribution or copying of this communication is prohibited.
If you received this communication in error: (a) any dissemination,
distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests
that you immediately notify us at (561) 999-9300 (collect) and destroy this
communication. Thank you.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Were they contested?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com <http://www.evict.com/>
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto M.
Cardet
Sent: Wednesday, August 22, 2012 6:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without
rent or lease
I agree with Lainie. Ive done a few in Miami-Dade under chapter 82, where
the clients friend or friend of friend moved in and does not want to leave.
Had one were client agreed to lend the key to a prospective tenant to see
the property, prospective tenant borrowed key moved in and changed locks.
Another where client lent vacant apartment to friend of a friend to use
for storage, friend moved in and refused to leave.
I say go with Chapter 82, Civ Pro Form 1.938
Good Luck
Albert
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Wednesday, August 22, 2012 6:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy without
rent or lease
Why can't you try Ch 83 but with Ch 82 in the alternative? If there is no
residential tenancy, there is a peaceable entry but unlawful detainer. At
least you are in county court. I did this several years ago in PBC and Judge
Lopez was good with it.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (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 o
f 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 8/22/12 5:38 PM, Lloyd Granet wrote:
Question:
Vacant house owned by trust
An individual is allowed to occupy on temporary basis (child of beneficiary
of trust and contingent beneficiary of trust) without charge, while house is
up for sale
House goes under contract and closing is scheduled. Occupant says
unwilling to move out.
How can Occupant be removed?
This email message was sent by:
_______________________________
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with
IRS Circular 230, we must inform you that any U.S. tax advice contained in
this transmission and any attachments hereto is not intended or written to
be used and may not be used by any person for the purpose of (i) avoiding
any penalty that may be imposed by the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any tax-related
matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b)
confidential, and (c) intended only for the use of the individual or entity
to which it is addressed. If the addressee is a client, this communication
is also subject to applicable privileges. If you are not the addressee, or
the employee or agent responsible for the delivery to the addressee, any
dissemination, distribution or copying of this communication is prohibited.
If you received this communication in error: (a) any dissemination,
distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests
that you immediately notify us at (561) 999-9300 (collect) and destroy this
communication. Thank you.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
DC
Dennis Chen
Wed, Aug 22, 2012 11:42 PM
I recommend ejectment because some judges will find that Ch 82 does not
apply because it is residential property. i believe I understand the
argument that it is not a residential tenancy but nonetheless, there are
many judges that will disagree and the process can take much longer. Take
a look at the Broward county decision below.
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
18 Fla. L. Weekly Supp. 556a
Online Reference: FLWSUPP 1806BERA
Landlord-tenant -- Eviction -- Unlawful detainer -- Action for unlawful
detainer is inapplicable to residential tenancy -- Proper procedure is
action for ejectment
THE ESTATE OF LOUIS N. BERARDI, Plaintiff, vs. VIRGINIA NASH & ALL OTHERS
IN POSSESSION, Defendant. County Court, 17th Judicial Circuit in and for
Broward County. Case No. 10-20309 COCE (55). March 1, 2011. Honorable
Sharon L. Zeller, Judge.
ORDER ON PLAINTIFF'S MOTION FOR REHEARING
THIS CAUSE came before the Court on Plaintiff's motion for rehearing. The
Court having considered same, and being otherwise fully advised in
premises, finds and decides as follows:
On or about January 25, 2011, this Court dismissed plaintiff's action
against defendant for unlawful detainer, finding that Florida Statutes
§82.02(2) and §82.04(2) specifically provide that an action for unlawful
detainer is inapplicable to residential tenancies. Plaintiff has now filed
a motion for rehearing arguing that this Court misinterpreted the meaning
of the term “residential tenancies” as used in the context of Chapter 82,
Florida Statutes. This Court has carefully reviewed the applicable
statutes, the case law and other materials interpreting unlawful detainer
and residential tenancies. This Court disagrees with plaintiff's argument
that there was any misinterpretation on this court's part with regard to
either Chapter 82 or Chapter 83 as it regards residential tenancies. Nash
v. Hunt, 434 So.2d 51 (Fla. 3d DCA 1983). With all due respect to those
other courts which have permitted an unlawful detainer action in a case
such as this, it is this Court's opinion that the proper procedure here is
an action for ejectment, not unlawful detainer. Toledo v. Escamilla, 962
So.2d 1028 (Fla. 3d DCA 2007) [32 Fla. L. Weekly D1876a]; Gonzalez v.
Benoit, 424 So.2d 957 (Fla. 3d DCA 1983) receded from on other grounds Nash
v. Hunt, supra.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Plaintiff's Motion for Rehearing is DENIED.
On Wed, Aug 22, 2012 at 7:05 PM, Harry Heist harry@evict.com wrote:
Were they contested? ****
Harry****
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.****
From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Alberto M. Cardet
Sent: Wednesday, August 22, 2012 6:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Termination of short term occupancy
without rent or lease****
I agree with Lainie. I’ve done a few in Miami-Dade under chapter 82,
where the client’s friend or friend of friend moved in and does not want to
leave. Had one were client agreed to “lend” the key to a prospective
tenant to see the property, prospective tenant “borrowed” key moved in and
changed locks. Another where client “lent” vacant apartment to friend of
a friend to use for storage, friend moved in and refused to leave.****
I say go with Chapter 82, Civ Pro Form 1.938****
Good Luck****
Albert****
Alberto M. Cardet, P.A.****
1330 Coral Way #301****
Miami FL 33145****
305-403-7783****
305-403-7824 (fax)****
From: landten-bounces@lists.flabarrpptl.org [
mailto:landten-bounces@lists.flabarrpptl.orglandten-bounces@lists.flabarrpptl.org]
On Behalf Of Lainie Simon
Sent: Wednesday, August 22, 2012 6:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Termination of short term occupancy
without rent or lease**
Why can't you try Ch 83 but with Ch 82 in the alternative? If there is no
residential tenancy, there is a peaceable entry but unlawful detainer. At
least you are in county court. I did this several years ago in PBC and
Judge Lopez was good with it.****
Lainie J. Simon, Esq.****
185 NW Spanish River Boulevard****
Suite 220****
Boca Raton, FL 33431****
561.997.1773****
561.445.1361 (cell)****
561.997.8448 (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 o****
f 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 8/22/12 5:38 PM, Lloyd Granet wrote:****
Question:****
Vacant house owned by trust****
An individual is allowed to occupy on temporary basis (child of
beneficiary of trust and contingent beneficiary of trust) without charge,
while house is up for sale****
House goes under contract and closing is scheduled. “Occupant” says
unwilling to move out.****
How can Occupant be removed?****
This email message was sent by:
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with
IRS Circular 230, we must inform you that any U.S. tax advice contained in
this transmission and any attachments hereto is not intended or written to
be used and may not be used by any person for the purpose of (i) avoiding
any penalty that may be imposed by the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any tax-related
matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent,
(b) confidential, and (c) intended only for the use of the individual or
entity to which it is addressed. If the addressee is a client, this
communication is also subject to applicable privileges. If you are not the
addressee, or the employee or agent responsible for the delivery to the
addressee, any dissemination, distribution or copying of this communication
is prohibited. If you received this communication in error: (a) any
dissemination, distribution or copying is prohibited, and (b) Lloyd Granet,
P.A. requests that you immediately notify us at (561) 999-9300 (collect)
and destroy this communication. Thank you.
_______________________________________________****
landten mailing list****
landten@lists.flabarrpptl.org****
http://mailman.fsr.com/mailman/listinfo/landten****
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I recommend ejectment because some judges will find that Ch 82 does not
apply because it is residential property. i believe I understand the
argument that it is not a residential tenancy but nonetheless, there are
many judges that will disagree and the process can take much longer. Take
a look at the Broward county decision below.
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
______________________________________________
18 Fla. L. Weekly Supp. 556a
Online Reference: FLWSUPP 1806BERA
Landlord-tenant -- Eviction -- Unlawful detainer -- Action for unlawful
detainer is inapplicable to residential tenancy -- Proper procedure is
action for ejectment
THE ESTATE OF LOUIS N. BERARDI, Plaintiff, vs. VIRGINIA NASH & ALL OTHERS
IN POSSESSION, Defendant. County Court, 17th Judicial Circuit in and for
Broward County. Case No. 10-20309 COCE (55). March 1, 2011. Honorable
Sharon L. Zeller, Judge.
ORDER ON PLAINTIFF'S MOTION FOR REHEARING
THIS CAUSE came before the Court on Plaintiff's motion for rehearing. The
Court having considered same, and being otherwise fully advised in
premises, finds and decides as follows:
On or about January 25, 2011, this Court dismissed plaintiff's action
against defendant for unlawful detainer, finding that Florida Statutes
§82.02(2) and §82.04(2) specifically provide that an action for unlawful
detainer is inapplicable to residential tenancies. Plaintiff has now filed
a motion for rehearing arguing that this Court misinterpreted the meaning
of the term “residential tenancies” as used in the context of Chapter 82,
Florida Statutes. This Court has carefully reviewed the applicable
statutes, the case law and other materials interpreting unlawful detainer
and residential tenancies. This Court disagrees with plaintiff's argument
that there was any misinterpretation on this court's part with regard to
either Chapter 82 or Chapter 83 as it regards residential tenancies. Nash
v. Hunt, 434 So.2d 51 (Fla. 3d DCA 1983). With all due respect to those
other courts which have permitted an unlawful detainer action in a case
such as this, it is this Court's opinion that the proper procedure here is
an action for ejectment, not unlawful detainer. Toledo v. Escamilla, 962
So.2d 1028 (Fla. 3d DCA 2007) [32 Fla. L. Weekly D1876a]; Gonzalez v.
Benoit, 424 So.2d 957 (Fla. 3d DCA 1983) receded from on other grounds Nash
v. Hunt, supra.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Plaintiff's Motion for Rehearing is DENIED.
* * *
______________________________________________
On Wed, Aug 22, 2012 at 7:05 PM, Harry Heist <harry@evict.com> wrote:
> Were they contested? ****
>
> ** **
>
> Harry****
>
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>
> *LAW OFFICES OF
> HEIST, WEISSE & WOLK P.A.
> PH: 1 800 253 8428
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> Email: harry@evict.com*
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> *From:* landten-bounces@lists.flabarrpptl.org [mailto:
> landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Alberto M. Cardet
> *Sent:* Wednesday, August 22, 2012 6:52 PM
>
> *To:* 'RPPTL Landlord Tenant Committee'
> *Subject:* Re: [RPPTL LandTen] Termination of short term occupancy
> without rent or lease****
>
> ** **
>
> I agree with Lainie. I’ve done a few in Miami-Dade under chapter 82,
> where the client’s friend or friend of friend moved in and does not want to
> leave. Had one were client agreed to “lend” the key to a prospective
> tenant to see the property, prospective tenant “borrowed” key moved in and
> changed locks. Another where client “lent” vacant apartment to friend of
> a friend to use for storage, friend moved in and refused to leave.****
>
> ** **
>
> I say go with Chapter 82, Civ Pro Form 1.938****
>
> ** **
>
> Good Luck****
>
> ** **
>
> Albert****
>
> ** **
>
> Alberto M. Cardet, P.A.****
>
> 1330 Coral Way #301****
>
> Miami FL 33145****
>
> 305-403-7783****
>
> 305-403-7824 (fax)****
>
> ** **
>
> *From:* landten-bounces@lists.flabarrpptl.org [
> mailto:landten-bounces@lists.flabarrpptl.org<landten-bounces@lists.flabarrpptl.org>]
> *On Behalf Of *Lainie Simon
> *Sent:* Wednesday, August 22, 2012 6:24 PM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] Termination of short term occupancy
> without rent or lease****
>
> ** **
>
> Why can't you try Ch 83 but with Ch 82 in the alternative? If there is no
> residential tenancy, there is a peaceable entry but unlawful detainer. At
> least you are in county court. I did this several years ago in PBC and
> Judge Lopez was good with it.****
>
> Lainie J. Simon, Esq.****
>
> 185 NW Spanish River Boulevard****
>
> Suite 220****
>
> Boca Raton, FL 33431****
>
> 561.997.1773****
>
> 561.445.1361 (cell)****
>
> 561.997.8448 (fax)****
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> Ê****
>
> On 8/22/12 5:38 PM, Lloyd Granet wrote:****
>
> Question:****
>
> ****
>
> Vacant house owned by trust****
>
> An individual is allowed to occupy on temporary basis (child of
> beneficiary of trust and contingent beneficiary of trust) without charge,
> while house is up for sale****
>
> House goes under contract and closing is scheduled. “Occupant” says
> unwilling to move out.****
>
> How can Occupant be removed?****
>
> ****
>
> This email message was sent by:
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