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If a later contract clearly exchanges agreements and promises that an earlier agreement is now fully nullified, that new agreement almost always holds.
There are exceptions, such as misrepresentation making one side be "tricked" into the later agreement, agreements against public policy (you can't hire someone to kill you, for example), and possible violations of statutory law if the new agreement goes "outside the lines" of what the legislative people say you can.
A person whose rights to occupancy to residential rental property have been extinguished can usually be charged with criminal trespass for remaining on the premises. However, there is potential for interplay with local landlord-tenant law, and an "unlawful detainer" action is the proper way to enforce the right to oust a tenant from the land. A restraining order complicates things, because its specific terms may or may not help a landlord's case in trying to forcibly remove a tenant who has broken yet another promise.
There is also a question regarding authority. A person who is "a stranger to the contract" cannot sign on behalf of the person who really was part of the original contract. Attorneys are always asking who their client means by "they" and "he" and "we", for that reason. Whose name/names are XXXXX XXXXX original lease will determine how enforceable any later agreement will be, regardless of whether it was entered into for the purposes of settlement.
Both the original contract and the agreement included both of the persons involved in this matter
Then neither one can complain about the later agreement.
How do I request an unlawful detainer action? Please remember that I am in Florida
Unlawful detainers are a lot like any other lawsuit. The procedures and hearing schedule are expedited, though. I wouldn't worry about that until/unless there is yet another breach. That would be a whole new question anyway. Please do not forget to click the green "Accept" button so I can receive credit for my work.
Im sorry, but your answer does not seem to apply in Florida...
To which question?
Your answer about Unlawful detainers
I asked about trespassing and you said that "unlawful detainer" action is the proper way to enforce the right to oust a tenant from the land."
Except that this is not so in Florida, so my original question stands:
In Florida, can I seek a trespass charge if she doesn't move out, as she agreed to do in writing?
Trespass charges fall under the criminal statutes. The immediate remedy is law enforcement assistance. Prosecution is usually by the city attorney, at his or her discretion. Unlawful detainer is a civil action and puts you right back into the civil and landlord/tenant arena.
Two different questions.
I am leaving for an outside appointment. Cheers!
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