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Home > Law > Real Estate Law   »   Florida: definition of "transient" in 83.42

 
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Old Mar 28, 2007, 11:55 AM
ccbarnum
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Florida: definition of "transient" in 83.42

I have lived in a condominium for almost two months now, with an additional month to go. (month-to-month rent) Landlord recently placed a "boot" on my door without proper notice.

Question 1: Does the "transient" state in part (3) of Florida Statute 83.42 apply to myself? Definition of "transient" in 83.43 says "when it is the intention of the parties that the occupancy will be temporary". What is the definition of temporary?

Question 2: If I am considered "transient", do I have any recourse for the actions or way to prevent harassment during the rest of my lease?

83.42 Exclusions from application of part.--This part does not apply to:

(1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services.

(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part.

(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park.

(4) Occupancy by a holder of a proprietary lease in a cooperative apartment.

(5) Occupancy by an owner of a condominium unit.

History.--s. 2, ch. 73-330.

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Old Mar 28, 2007, 06:01 PM   #2  
excon
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Hello cc:

If you have a lease, then you're a tenant not a transient.

excon
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