Failure to Specifically Plead an Affirmative Defense Means Reversal of Dismissal In Florida Eviction Action
September 8th, 2015
Motions by Property Managers are Invalid in Florida Evictions.
Pursuant to a Florida Bar Advisory Opinion Regarding Legal Representation of Landlord’s a court in Orange County, Florida ordered a property managers motions stricken when it was determined that the property manager did not own the premises in question. The court stated that a property manager may complete, sign and file a complaint for a Florida eviction with proper authorization from an owner, however, once an eviction was contested by a tenant only the owner could file motions with the court. See order below.
THOMAS NGUYEN, Plaintiff, vs. MICHAEL MCBRIDE, ASHLEY KRISTINIA MCBRIDE, SUSANNE MCBRIDE, JONATHAN JASON QUINONES, Defendants. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-004508-O, Division 72. May 1, 2012. Wilfredo Martinez, Judge. Counsel: Thomas Nguyen, Orlando, pro se Plaintiff. Jaisen J. Stango, Jaisen J. Stango, LLC, Orlando, for Defendant.
THIS CAUSE came before the Court for hearing on May 1, 2012. Defendants appeared by counsel, Jaisen J. Stango, Esquire. The Court, after carefully reviewing the pleadings, motions, and exhibits attached thereto the Court does hereby
ORDER, ADJUDGE, and FIND as follows:
1. This is an action to evict a residential tenant for nonpayment of rent subject to the Florida Residential Landlord and Tenant Act. § 83.59(1), Fla. Stat.
2. Thomas Nguyen is not the deeded own of the premises, but rather is the property manager. The property is owned by Dinh Cecelia and Thomas Nguyen is listed as the property manager in the rental agreement attached to the complaint.
3. A property manager is authorized to complete, sign and file a complaint for eviction for non-payment of rent with a proper owner’s authorization form. The Florida Bar RE: Advisory Opinion — Non-Preparation of and Representation of the Landlord in Uncontested Residential Evictions, 605 So. 2d 868 (Fla. 1993).
4. However, a property manager may not file motions once the eviction becomes contested.
5. Accordingly, all motions filed by Thomas Nguyen after this eviction became contested are hereby STRICKEN from the record.