Agent of owner of leased property, who is named party in lease and lessor of property, has standing to bring eviction action
Plaintiff who is the agent of the property owner and is the named “lessor” on the lease filed a eviction in his own name. The tenant moved to dismiss the case because the plaintiff was not the property owner and argued he had no standing to file the eviction.
The court noted that . Rule 1.210, Florida Rules of Civil Procedure, permits “a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute [to] sue in that person’s own name.” Additionally Sections 83.59 and 83.595, Florida Statutes (2014), permit a “landlord” to evict a tenant from residential real property and to pursue damages for the breach of a rental agreement. Section 83.43(3), Florida Statutes (2014), defines “landlord” as “the owner or the lessor of a dwelling unit.” The judge held that Sections 83.59, 83.595, and 83.43(3) clearly permit either a deeded owner of real property or the lessor to bring an action for eviction and damages.
As Plaintiff was the named party in the lease sued upon he, is “a party with whom or in whose name a contract has been made for the benefit of another.” Accordingly, Plaintiff is the proper party and has standing to bring an action for eviction and damages pursuant to Rule 1.210.
Furthermore, Plaintiff was the lessor of the dwelling unit. Thus, Plaintiff is the proper party with standing to bring an action for eviction and damages pursuant to sections 83.43(3), 83.59 and 83.595.
RATH/HARPER AND ASSOCIATES, INC. D/B/A RH MANAGEMENT AS AGENT FOR THE OWNER, vs. WILSON,. County Court, 8th Judicial Circuit in and for Alachua County. October 2, 2014. 22 Fla. L. Weekly Supp. 372a