Ejectments After a Tax Deed Sale
We often have clients approach us about removing occupants from residential real property after a successful bid at a mortgage foreclosure auction or tax deed sale. The process and procedure governing removing occupants after a tax deed sale or foreclosure auction is significantly different from an eviction. Eviction attorneys remove tenants from property. “Tenant” is the operative legal word. A tenant is one who rents real property from a Landlord. If you bought real estate at a tax deed sale or foreclosure auction, chances are you do not have a landlord-tenant relationship with the occupant. The correct legal theory governing the removal of such persons is known as an ejectment, not an eviction.
Florida’s Landlord Tenant Laws – Concepts and Vocabulary.
One of the most effective ways to gain greater insight and understanding of Florida’s eviction laws is to learn the legal vocabulary associated with this particular field of law. What follows is a brief (but by no means exhaustive) list of vocabulary words commonly employed by eviction lawyers practicing under Florida law. Understanding the interplay between the various words and their associated legal concepts can lead to a greater understanding of Florida’s landlord/tenant laws.
Lease: A real property contract by which a rightful possessor of real property conveys the right to use and occupy the property in exchange for some good or service (also known as consideration). The Tenant’s “consideration” is usually rent money while the Landlord’s “consideration” is the rental property itself. Under Florida law, a lease term can be for a fixed period of time, for life, or for a period terminable at will by the property owner. The term lease can also refer to a written instrument which memorializes a conveyance of real property and its covenants. In sum, a lease is a contract by which a rightful possession of personal property conveys the right to use that property for some agreed upon period of time in exchange for some form of consideration. To have a valid Lease, the parties need not memorialize the instrument in writing. Continue reading “An Eviction Lawyer’s Landlord/Tenant Vocabulary”
Ejectment vs Eviction Under Florida Law.
In general, an eviction is a lawsuit filed by a landlord against a tenant to regain possession of the property. Evictions are filed under Chapter 83 of the Florida Statutes once proper notice of termination of tenancy has been delivered by the landlord or landlord’s agent to the tenant. For example, if a tenant fails to pay rent pursuant to the tenant’s lease, the landlord would deliver a 3 day notice to pay rent or vacate to the tenant. If the tenant fails to pay rent or vacate within 3 days of delivery of the notice, the tenancy is terminated and the landlord’s lawyer would then file an eviction lawsuit. Continue reading “Ejectments vs Evictions under Florida Law”
Unlawful Detainer vs Eviction Under Florida Law
Differentiating between the different types of “occupants” of real property will enable us to better understand the difference between eviction actions and unlawful detainer actions. At base, eviction lawsuits always involve at least two kind of parties, a landlord and a tenant.