Legal Question in Landlord & Tenant Law in Florida

eviction

husband and wife own a house.wife leaves husband and files for divorce. husband rents house to tenant complete with lease.wife finds out and moves to have tenant evicted claiming ownership of house and tenant is in arrears on rent. can wife have tenant evicted? what are tenants rights considering tenant knew nothing of wife upon signing lease and is not behind on rent? (husband and wife are not yet divorced)


Asked on 9/18/08, 7:20 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: eviction

The tenant must defend the eviction or will lose by default.

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Answered on 9/19/08, 10:52 am
Brent Rose The Orsini & Rose Law Firm

Re: eviction

If the tenant is not behind on rent and is otherwise in compliance with the lease, the tenant cannot be evicted. The divorce is irrelevant.

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Answered on 9/18/08, 11:34 pm


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