CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 WL 124237
...The trial court denied those motions. A writ of possession was issued and served upon appellants and they were removed from the property. This appeal ensued. Appellants argue that, because they were occupying the dwelling under a contract for sale, under section 83.42(2), Florida Statutes (2003), Part II of Chapter 83, the Florida Residential Landlord and Tenant Act, could not be invoked to evict them from the subject property....
...e court in residential landlord tenant disputes under Part II of Chapter 83. §
83.60, Fla. Stat. (1999). However, section
83.60 does not apply when the occupancy is under a contract for sale of a dwelling unit or the property of which it is a part. §
83.42(2), Fla....
...the Grimms claim that they have been ready, willing and able to close, but that neither the Parkers nor Ms. Huckabee appeared for the scheduled closing or has been willing to convey the property. In the circumstances the Grimms allege, I agree that section
83.42(2), Florida Statutes (2003), renders the Florida Residential Landlord and Tenant Act, including section
83.60, Florida Statutes (2003), inapplicable....
...y, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter. [3] Section 83.42(2), Florida Statutes (2003), provides that "This part does not apply to:......
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 21800500
...e court in residential landlord tenant disputes under Part II of Chapter 83. §
83.60, Fla. Stat. (1999). However, section
83.60 does not apply when the occupancy is under a contract for sale of a dwelling unit or the property of which it is a part. §
83.42(2), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...We further acknowledge that such classification will ultimately determine the landlord's liability. *54 By way of preliminary thesis, appellees argue that they were mere transient occupants of the mobile home, thereby precluding application of the Florida Residential Landlord and Tenant Act, Section
83.42(3) and
83.43(2)(b), Florida Statutes (1979)....
