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As Juliet observed “Tis but thy name that is my enemy …  What’s in a name? that which we call a rose By any other name would smell as sweet” From Shakespeare’s Romeo and Juliet

But as the court observed,  you can have a property owner and an occupant, but if you can’t call them landlord and tenant,  your eviction will be dismissed.

In KEN PHILLIPS AS TRUSTEE OF THE CALIFORNIA SHORT SALE SOLUTIONS TRUST C/O METRO CITY REALTY AND CONDOS INC, Plaintiff, vs. GRACE,  the plaintiff property owner attempted to evict  Grace who was in possession of the property.   The plaintiff produced a lease between a Murphy and the defendant that had expired two years ago.   There was no rental agreement as defined by § 83.43(7) between the  plaintiff and the defendant.    Without a rental agreement,  the court ruled that Grace was not a “tenant” as defined by § 84.43(4),  and plaintiff was not a “landlord” as defined by § 83.43(3), and therefore the remedy of eviction was not available. “A property owner may only bring an eviction action under § 83.59, Fla. Stat. when there is a landlord and tenant relationship between the parties.”

KEN PHILLIPS AS TRUSTEE OF THE CALIFORNIA SHORT SALE SOLUTIONS TRUST C/O METRO CITY REALTY AND CONDOS INC, Plaintiff, vs. GRACE. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2011-CC-019218-O, Division 72. February 24, 2012. Wilfredo Martinez, Judge. FLWSUPP 1906PHIL

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