May 29, 2018
The Landing’s owners rebuffed city’s attempt to take immediate possession of the buildings. City’s next option under Florida law would be to file an eviction lawsuit.
A landlord can demand possession by claiming the tenant defaulted on the lease, but if the tenant refuses to honor that demand, the landlord cannot take matters into its own hands, said Barry Ansbacher, a Jacksonville attorney who is board-certified by the Florida bar in real estate law.
“For example, the landlord cannot change the keys on the lock,” he said. “Instead, the landlord needs to go to court and obtain judicial relief through an action that’s known as an eviction.”
He said the city also could file a counter-claim in the lawsuit filed by Sleiman.