FL LL (by SHAUN [FL]) Jan 24, 2022 11:27 AM|
FL LL (by Moshe [CA]) Jan 24, 2022 12:00 PM
FL LL (by SHAUN [FL]) Jan 24, 2022 12:49 PM
FL LL (by Ken [NY]) Jan 24, 2022 1:08 PM
FL LL (by Moshe [CA]) Jan 24, 2022 1:12 PM
FL LL (by SHAUN [FL]) Jan 24, 2022 2:26 PM
FL LL (by DAVE [CA]) Jan 24, 2022 5:52 PM
FL LL (by dino [CA]) Jan 25, 2022 12:20 AM
FL LL (by SHAUN [FL]) Posted on: Jan 24, 2022 11:27 AM
Just a share.
Mother's sister and BIL are LLs, south central Florida.
Not real sure of exact timelines.
Anyway, female tenant allowed another female to move in as a roommate. They get into an argument and police are called.
Police make the lease holder/female tenant leave the property.
The "roommate" does not pay the rent, not allowing anyone to enter the property, etc. BIL has been before the Judge twice trying to get the roommate out/evicted. Judge states the lease holder/tenant has to request the roommate leave. Yet, the lease holder/tenant isn't allowed on the property.
I smile to myself. Even though I support our state LL/T laws there are times when I think of childhood stories I have heard.
You have heard them too. Deadbeat tenant comes home only to find there are no doors. This use to happen a lot in south FL, come home and AC not working. --173.31.xxx.xxx
FL LL (by Moshe [CA]) Posted on: Jan 24, 2022 12:00 PM
I expect that there is a straightforward way for such a problem to be resolved. But it seems that M's s & bil have determined to do it themselves without benefit of any expert.
Tell them to see a competent landlord/tenant lawyer, especially one that works exclusively for landlords.
FL LL (by SHAUN [FL]) Posted on: Jan 24, 2022 12:49 PM
This happened sometime ago. An attorney was used in the resolution. Only the LL's attorney represented the initial tenant whose name was on the lease.
I thought it was interesting that the LL could not "evict" due to non-payment of rent, even with a Tenant at Will.
This story is/was on my mind because this week, it came to my attention that I have an "Unauthorized" resident at one of my properties. --173.31.xxx.xxx
FL LL (by Ken [NY]) Posted on: Jan 24, 2022 1:08 PM
Landlord should have done an eviction naming his tenant since the original tenant wasnt paying the rent --72.231.xxx.xxx
FL LL (by Moshe [CA]) Posted on: Jan 24, 2022 1:12 PM
I dont understand: the LL's attorney represented the initial tenant whose name was on the lease? Who hired the attorney? LL or initial tenant? Who was attorney representing?
Without knowing anything about FL law, I would imagine that the way to handle it would be for LL to hire attorney who would sue initial tenant for eviction based on nonpayment of rent, then when judgement is obtained that initial tenant no longer has right to occupy, then neither does roommate, allowing roommate to be evicted as squatter with no right of occupancy. But LL needs attorney REPRESENTING LL with sufficient competence in LL/Tenant law.
I am very surprised if such a problem does not have any solution, even in FL. Such a conundrum must have come up before. Needs a COMPETENT attorney to solve it, one with appropriate credentials.
FL LL (by SHAUN [FL]) Posted on: Jan 24, 2022 2:26 PM
First, FL LL/Tenant laws have change greatly, since this happened.
My real question is why did the Sheriff Deputy make the initial Tenant leave? She had the right to be at the property.
Why didn't the Deputy make the "roommate" leave.
The Judge's stand was that the Initial Tenant had to request the "roommate" to leave, not the Landlord. However, the roommate would not leave. Which is how the BIL got into the middle of it.
Personally, I usually take the stand...either they go, or rent goes up $50. per person per month, provided they pass my screening/application criteria or everyone can go.
I have the same attitude toward unauthorized pets, either they go or everyone goes. --173.31.xxx.xxx
FL LL (by DAVE [CA]) Posted on: Jan 24, 2022 5:52 PM
-----OH COME ON,....is this spoofing.
basic LL 101, and first week of real property law.
LL vs ZXZXZXZXZ and DOES 1 THROUGH 50 in possession. --172.250.xx.xxx
FL LL (by dino [CA]) Posted on: Jan 25, 2022 12:20 AM
The landlords and attorney here sound like The Three Stooges from decades ago.