HomeMy WebLinkAbout1703 which is limited, has expired and the
tenant holds over in the possession of
said premises without renewing the lease
by some further instrument in writing
then such holding over shall be con-
strued to be a tenancy at sufferance.
The mere payment or acceptance of rent
shall not be construed to be a renewal
of the term, but if the holding over
be continued with the written consent
of the lessor then the tenancy shall
become a tenancy at will under the
provisions of this law."
thus making the tenant a tenant at sufferance from January 1, 1980
until April 9, 1980.
Next comes into play F.S. 83.06, which recites as
follows:
"83.06 Right to demand double rent
upon refusal to deliver possession.--
(1) When any tenant refuses to give
up possession of the premises at the
end of his lease, the landlord, his
agent, attorney 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.
(2) All contracts for rent, verbal or
in writing, shall bear interest from the
time the rent becomes due, any law, usage
or custom to t'he contrary notwithstanding."
i
which allows the requested double rent from January 1, 1980 until
April 9, 1980. There being no cross appeal for interest or for the
few odd days involved, no attention need be devoted to this area.
JUDGMENT AFFIRMED.
The Motion for Attorney Fees is granted and will be
~ determined at an appropriate evidentiary hearing. The Motion for
Additional Damages is remanded to the trial court for appropriate
' action.
risdiction is retained b this court to carr out the
3 Ju y Y
a
foregoing order. `
a
DONE AND ORDERED at Fort Pierce, St. Lucie County,
Florida, this 18th day of November, 1980.
J~Q~~s
~ ~ ~
~ _ ~ /
I I N , CIRCUI JUDGE
COPIES Ft~RNTSHED TO:
Ralph L. Flowers, Esq. 8ti.
X343 P:,GE~~
Ben L. Bryan, Jr., Esq.
~ The Honorable William G. Tye
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