[RPPTL LandTen] County Court Pure Possession Action - Question on unauthorized affiliated non-tenant entities co-occupying a premises.
I have a situation where the "Tenant" entity has several unauthorized
affiliated entities with common officers and registered agent showing
the Premises as their Principal Address, Mailing Address, and
Registered Agent's Address according to Sunbiz.org.
The "Tenant" owes over $50K in past due rent and has been served with a
proper three day notice to pay rent or deliver possession.
Must I name and serve all of the entities in the possession action in
one count; separate counts - I for the "Tenant" under its leasehold
interest and II for the unauthorized affiliated entities in possession;
or, only the "Tenant"?
All comments are greatly appreciated.
Michael L. Grant, Esq.
RICHARD B. WARREN, P.A.
1555 Palm Beach Lakes Boulevard, Suite 1006
West Palm Beach, FL 33401
Telephone: (561) 681-9494 | Facsimile: (561) 681-9436
WWW.RBWARRENLAW.COM http://WWW.RBWARRENLAW.COM
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The traditional approach would be to address the Notice to Pay or Vacate to
"XYZ and All others in Possession", draft the Complaint the same way, and
made it only one count for possession. Be aware, however, that there is
almost no case law addressing or even mentioning "and all others in
possession" and some judges up-state have rejected a few of my residential
cases because of that language, although frankly, I haven't gotten a
coherent explanation for the rejection.
Alternatively, if you know the names of all the others, you could name them,
but you would have to redo the Notice to Pay or Vacate and include their
names there and in the Complaint. Approach them as subtenants and for
failure to pay rent. Don't turn them into something that might require an
ejectment action..
Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor@Mazor.com
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Michael Grant
Sent: Thursday, October 20, 2011 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] County Court Pure Possession Action - Question on
unauthorized affiliated non-tenant entities co-occupying a premises.
I have a situation where the "Tenant" entity has several unauthorized
affiliated entities with common officers and registered agent showing the
Premises as their Principal Address, Mailing Address, and Registered
Agent's Address according to Sunbiz.org.
The "Tenant" owes over $50K in past due rent and has been served with a
proper three day notice to pay rent or deliver possession.
Must I name and serve all of the entities in the possession action in one
count; separate counts - I for the "Tenant" under its leasehold interest and
II for the unauthorized affiliated entities in possession; or, only the
"Tenant"?
All comments are greatly appreciated.
Michael L. Grant, Esq.
RICHARD B. WARREN, P.A.
1555 Palm Beach Lakes Boulevard, Suite 1006
West Palm Beach, FL 33401
Telephone: (561) 681-9494 | Facsimile: (561) 681-9436
Description: Description: cid:image001.jpg@01CBA5CE.BF828880
The information contained in this e-mail transmission is privileged and
confidential. If you are not the intended recipient or an employee or agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have received this e-mail
in error, please notify the sender immediately by reply e-mail. Thank you.
I don't believe there is a MUST in there, but the additional tenant(s)
may attempt to hang on to possession if not noticed and included in the
eviction (I have rarely dealt with that in residential issues). They
are usually taken care of with the 'unknown tenant' being served and
processed just like the tenant that signed on the lease.
Sincerely,
Phyllis Harley, Esquire
Harley Law Offices, P.A.
4417 13th Street, #177
Saint Cloud, FL 34769
321.766.6024
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Thursday, October 20, 2011 11:18 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] County Court Pure Possession Action -
Questionon unauthorized affiliated non-tenant entities co-occupying
apremises. [Scanned]
The traditional approach would be to address the Notice to Pay or Vacate
to "XYZ and All others in Possession", draft the Complaint the same way,
and made it only one count for possession. Be aware, however, that
there is almost no case law addressing or even mentioning "and all
others in possession" and some judges up-state have rejected a few of my
residential cases because of that language, although frankly, I haven't
gotten a coherent explanation for the rejection.
Alternatively, if you know the names of all the others, you could name
them, but you would have to redo the Notice to Pay or Vacate and include
their names there and in the Complaint. Approach them as subtenants and
for failure to pay rent. Don't turn them into something that might
require an ejectment action..
Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor@Mazor.com
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Michael
Grant
Sent: Thursday, October 20, 2011 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] County Court Pure Possession Action - Question
on unauthorized affiliated non-tenant entities co-occupying a premises.
I have a situation where the "Tenant" entity has several unauthorized
affiliated entities with common officers and registered agent showing
the Premises as their Principal Address, Mailing Address, and
Registered Agent's Address according to Sunbiz.org.
The "Tenant" owes over $50K in past due rent and has been served with a
proper three day notice to pay rent or deliver possession.
Must I name and serve all of the entities in the possession action in
one count; separate counts - I for the "Tenant" under its leasehold
interest and II for the unauthorized affiliated entities in possession;
or, only the "Tenant"?
All comments are greatly appreciated.
Michael L. Grant, Esq.
RICHARD B. WARREN, P.A.
1555 Palm Beach Lakes Boulevard, Suite 1006
West Palm Beach, FL 33401
Telephone: (561) 681-9494 | Facsimile: (561) 681-9436
The information contained in this e-mail transmission is privileged and
confidential. If you are not the intended recipient or an employee or
agent responsible for delivering it to the intended recipient, you are
hereby notified that any dissemination or copying of this transmission
(including any attachments) is strictly prohibited. If you have
received this e-mail in error, please notify the sender immediately by
reply e-mail. Thank you.
