Tags

, , , , , , , ,

The “duck test”  is defined as  “If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.”

The court found that a written “Real Estate Lease”  which required tenant to make regular monthly payments to landlord; to reimburse landlord  for one-twelfth of his annual insurance premiums, property taxes, and mobile home registration expenses; and to maintain and repair subject dwelling unit and real property; and which further gave tenant  option to purchase at end of twelve-year term for specified sum constituted a contract for deed, rather than a lease.  A contract for deed is excluded from eviction procedures provided under Landlord-Tenant Act.    Eviction complaint dismissed for lack of jurisdiction.

Possession of  real property under a contract for deed  is tantamount to a mortgage and subject to the same rules of foreclosure and the same regulations and restraints as mortgages generally. Ziegler v. Hawkins, 315 So2d 200 (Fla 1st DCA 1975); H & L Land Co. v. Warner, 258 So2d 293 (Fla 2nd DCA 1972; and Cook v. Merryfield, 335 So2d 297 (Fla 1st DCA 1976).   Therefore “Landlord’s”   complaint to evict “Tenant”  is dismissed.

BUYER’S ADVANTAGE FINANCE CO., INC.,   v. MORSE,. County Court, in and for Santa Rosa County, December 3, 1996.  4 Fla. L. Weekly Supp. 475c.

Advertisements