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Eviction Writ remove of personal property

CS
csabol sabollaw.com
Fri, Feb 7, 2025 2:57 PM

Hi All,

Does anybody have any case law citations surrounding the circumstances of a landlord's removal of tenant property after execution of the Writ of Possession.  I know the statute is clear, but I have a Judge claiming my client is responsible for the value of the property removed after execution of a Writ.  Looking for any case law on this topic.

As a side note, wondering if there's any case law that states whether a Landlord must remove it immediately or if they do it at their convenience.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Licensed in FL & TX
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office:  (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME:  IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

Hi All, Does anybody have any case law citations surrounding the circumstances of a landlord's removal of tenant property after execution of the Writ of Possession. I know the statute is clear, but I have a Judge claiming my client is responsible for the value of the property removed after execution of a Writ. Looking for any case law on this topic. As a side note, wondering if there's any case law that states whether a Landlord must remove it immediately or if they do it at their convenience. Cary Sabol Cary P. Sabol, Esq. J.D. (2001), LLM (2009) Licensed in FL & TX Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Office: (561) 413-4449 Cell: (561) 281-2744 Fax: (888) 316-2881 Email: CSABOL@SABOLLAW.COM<mailto:CSABOL@SABOLLAW.COM> BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS. PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing" CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted. THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
AC
Alberto Cardet
Fri, Feb 7, 2025 3:22 PM

I am attaching the caselaw I have in my research folder, it has not been
sheperdized or updated recently.  It is my understanding that once the
sheriff executes and the personal belongings are placed on the curb the
landlord does not have any liability.

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Fri, Feb 7, 2025 at 9:58 AM csabol sabollaw.com csabol@sabollaw.com
wrote:

Hi All,

Does anybody have any case law citations surrounding the circumstances of
a landlord's removal of tenant property after execution of the Writ of
Possession.  I know the statute is clear, but I have a Judge claiming my
client is responsible for the value of the property removed after execution
of a Writ.  Looking for any case law on this topic.

As a side note, wondering if there's any case law that states whether a
Landlord must remove it immediately or if they do it at their convenience.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Licensed in FL & TX
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office:  (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
*Email: CSABOL@SABOLLAW.COM CSABOL@SABOLLAW.COM *

BEWARE OF CYBER-CRIME:  IF YOU RECEIVE AN E-MAIL OR ANY OTHER
COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS
NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND
CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM
CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO
SENDING ANY WIRE TRANSFERS.

*PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS
and LOAN PACKAGES" by NOON the day BEFORE Closing"  *
CASH TO CLOSE for real estate transactions must be WIRED to our account
prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will
be provided upon request. ACH transfers are NOT SAME DAY wires and cannot
be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY
FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury
Department Regulations, we are now required to advise you that, unless
otherwise expressly indicated, any federal tax advice expressed above was
neither written nor intended by the sender or this firm to be used and
cannot be used by any taxpayer for the purpose of avoiding penalties that
may be imposed under U.S. tax law. If any person uses or refers to any such
tax advice in promoting, marketing or recommending a partnership or other
entity, investment plan or arrangement to any taxpayer, then the advice
should be considered to have been written to support the promotion or
marketing by a person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek advice based on the
taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for
the use of the individual or entity to which it is addressed and may
contain confidential information belonging to the sender which is protected
by the attorney-client privilege. If you are not the intended recipient,
you are hereby notified that any disclosure, copying, distribution, or the
taking of any action in reliance on the contents of this information is
strictly prohibited. If you have received this transmission in error,
please notify the sender immediately by e-mail and delete the original
message. Thank you for your cooperation.


landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

I am attaching the caselaw I have in my research folder, it has not been sheperdized or updated recently. It is my understanding that once the sheriff executes and the personal belongings are placed on the curb the landlord does not have any liability. Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Fri, Feb 7, 2025 at 9:58 AM csabol sabollaw.com <csabol@sabollaw.com> wrote: > Hi All, > > Does anybody have any case law citations surrounding the circumstances of > a landlord's removal of tenant property after execution of the Writ of > Possession. I know the statute is clear, but I have a Judge claiming my > client is responsible for the value of the property removed after execution > of a Writ. Looking for any case law on this topic. > > As a side note, wondering if there's any case law that states whether a > Landlord must remove it immediately or if they do it at their convenience. > > > *Cary Sabol* > *Cary P. Sabol, Esq. J.D. (2001), LLM (2009)* > *Licensed in FL & TX* > *Law Offices of Cary P. Sabol* > *P.O. Box 15981 | West Palm Beach | Florida | 33416* > *Office: (561) 413-4449* > *Cell: (561) 281-2744* > *Fax: (888) 316-2881* > *Email: CSABOL@SABOLLAW.COM <CSABOL@SABOLLAW.COM> * > > *BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER > COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS > NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND > CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM > CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO > SENDING ANY WIRE TRANSFERS.* > > *PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS > and LOAN PACKAGES" by NOON the day BEFORE Closing" * > *CASH TO CLOSE for real estate transactions must be WIRED to our account > prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will > be provided upon request. ACH transfers are NOT SAME DAY wires and cannot > be accepted.* > > *THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY > FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT > PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.* > > *IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury > Department Regulations, we are now required to advise you that, unless > otherwise expressly indicated, any federal tax advice expressed above was > neither written nor intended by the sender or this firm to be used and > cannot be used by any taxpayer for the purpose of avoiding penalties that > may be imposed under U.S. tax law. If any person uses or refers to any such > tax advice in promoting, marketing or recommending a partnership or other > entity, investment plan or arrangement to any taxpayer, then the advice > should be considered to have been written to support the promotion or > marketing by a person other than the sender or this firm of that > transaction or matter, and such taxpayer should seek advice based on the > taxpayer's particular circumstances from an independent tax advisor.* > *Confidentiality Notice: This electronic mail transmission is intended for > the use of the individual or entity to which it is addressed and may > contain confidential information belonging to the sender which is protected > by the attorney-client privilege. If you are not the intended recipient, > you are hereby notified that any disclosure, copying, distribution, or the > taking of any action in reliance on the contents of this information is > strictly prohibited. If you have received this transmission in error, > please notify the sender immediately by e-mail and delete the original > message. Thank you for your cooperation.* > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >
JT
Jeremy T. Cranford
Fri, Feb 7, 2025 3:27 PM

If after the specific period in chapter 83 (which Ive understood to be during execution of writ), I think it becomes a fact question of abandonment with a safe harbor if one has properly used the alternative process of 715.10 et seq.

Sorry I don't have authority handy - but I wanted to draw your attention to 715.10 et seq.


Jeremy T. Cranford, Attorney, Mediator, Arbitrator, LL.M. (Real Estate Law)
Board Certified Real Estate Law Specialist
CRANFORD LAW, PL
4458 Legendary Dr., Suite 350, Destin, FL 32541
PO Box 5619, Destin, FL 32540
(850) 502-3353tel:%208505023353
jtcranford@cranford.lawmailto:jtcranford@cranford.law
www.cranford.lawhttps://www.cranford.law/
Licensed in Florida & Missouri


I am an attorney and, in sending this email to you, I am likely to be acting on behalf of a client. First, this email is likely to contain confidential and/or privileged information, so please protect the information contained herein from being accessed or accessible by any third party. Second, if you believe you were not my intended recipient, please inform me immediately and delete all copies of this email. Third, if you are not presently a client of my office and unless this email contains a specific express statement that you have become such a client, do not interpret this email as serving to establish an attorney-client relationship and do not disclose any information to my office that you would expect my office to hold in confidence.


-------- Original message --------
From: Alberto Cardet alcardet@gmail.com
Date: 2/7/25 10:23 AM (GMT-05:00)
To: RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Writ remove of personal property

I am attaching the caselaw I have in my research folder, it has not been sheperdized or updated recently.  It is my understanding that once the sheriff executes and the personal belongings are placed on the curb the landlord does not have any liability.

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Fri, Feb 7, 2025 at 9:58 AM csabol sabollaw.comhttp://sabollaw.com <csabol@sabollaw.commailto:csabol@sabollaw.com> wrote:
Hi All,

Does anybody have any case law citations surrounding the circumstances of a landlord's removal of tenant property after execution of the Writ of Possession.  I know the statute is clear, but I have a Judge claiming my client is responsible for the value of the property removed after execution of a Writ.  Looking for any case law on this topic.

As a side note, wondering if there's any case law that states whether a Landlord must remove it immediately or if they do it at their convenience.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Licensed in FL & TX
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office:  (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME:  IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.


landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

If after the specific period in chapter 83 (which Ive understood to be during execution of writ), I think it becomes a fact question of abandonment with a safe harbor if one has properly used the alternative process of 715.10 et seq. Sorry I don't have authority handy - but I wanted to draw your attention to 715.10 et seq. __________________________________ Jeremy T. Cranford, Attorney, Mediator, Arbitrator, LL.M. (Real Estate Law) Board Certified Real Estate Law Specialist CRANFORD LAW, PL 4458 Legendary Dr., Suite 350, Destin, FL 32541 PO Box 5619, Destin, FL 32540 (850) 502-3353<tel:%208505023353> jtcranford@cranford.law<mailto:jtcranford@cranford.law> www.cranford.law<https://www.cranford.law/> Licensed in Florida & Missouri __________________________________ I am an attorney and, in sending this email to you, I am likely to be acting on behalf of a client. First, this email is likely to contain confidential and/or privileged information, so please protect the information contained herein from being accessed or accessible by any third party. Second, if you believe you were not my intended recipient, please inform me immediately and delete all copies of this email. Third, if you are not presently a client of my office and unless this email contains a specific express statement that you have become such a client, do not interpret this email as serving to establish an attorney-client relationship and do not disclose any information to my office that you would expect my office to hold in confidence. __________________________________ -------- Original message -------- From: Alberto Cardet <alcardet@gmail.com> Date: 2/7/25 10:23 AM (GMT-05:00) To: RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL Leasing Committee] Eviction Writ remove of personal property I am attaching the caselaw I have in my research folder, it has not been sheperdized or updated recently. It is my understanding that once the sheriff executes and the personal belongings are placed on the curb the landlord does not have any liability. Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Fri, Feb 7, 2025 at 9:58 AM csabol sabollaw.com<http://sabollaw.com> <csabol@sabollaw.com<mailto:csabol@sabollaw.com>> wrote: Hi All, Does anybody have any case law citations surrounding the circumstances of a landlord's removal of tenant property after execution of the Writ of Possession. I know the statute is clear, but I have a Judge claiming my client is responsible for the value of the property removed after execution of a Writ. Looking for any case law on this topic. As a side note, wondering if there's any case law that states whether a Landlord must remove it immediately or if they do it at their convenience. Cary Sabol Cary P. Sabol, Esq. J.D. (2001), LLM (2009) Licensed in FL & TX Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Office: (561) 413-4449 Cell: (561) 281-2744 Fax: (888) 316-2881 Email: CSABOL@SABOLLAW.COM<mailto:CSABOL@SABOLLAW.COM> BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS. PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing" CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted. THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten
CS
csabol sabollaw.com
Fri, Feb 7, 2025 3:31 PM

Thank you, but as I read 715.10, it states it is optional, not mandatory.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Licensed in FL & TX
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office:  (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME:  IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.


From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of Jeremy T. Cranford jtcranford@cranford.law
Sent: Friday, February 7, 2025 10:27 AM
To: RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Writ remove of personal property

If after the specific period in chapter 83 (which Ive understood to be during execution of writ), I think it becomes a fact question of abandonment with a safe harbor if one has properly used the alternative process of 715.10 et seq.

Sorry I don't have authority handy - but I wanted to draw your attention to 715.10 et seq.


Jeremy T. Cranford, Attorney, Mediator, Arbitrator, LL.M. (Real Estate Law)
Board Certified Real Estate Law Specialist
CRANFORD LAW, PL
4458 Legendary Dr., Suite 350, Destin, FL 32541
PO Box 5619, Destin, FL 32540
(850) 502-3353tel:%208505023353
jtcranford@cranford.lawmailto:jtcranford@cranford.law
www.cranford.lawhttps://www.cranford.law/
Licensed in Florida & Missouri


I am an attorney and, in sending this email to you, I am likely to be acting on behalf of a client. First, this email is likely to contain confidential and/or privileged information, so please protect the information contained herein from being accessed or accessible by any third party. Second, if you believe you were not my intended recipient, please inform me immediately and delete all copies of this email. Third, if you are not presently a client of my office and unless this email contains a specific express statement that you have become such a client, do not interpret this email as serving to establish an attorney-client relationship and do not disclose any information to my office that you would expect my office to hold in confidence.


-------- Original message --------
From: Alberto Cardet alcardet@gmail.com
Date: 2/7/25 10:23 AM (GMT-05:00)
To: RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Writ remove of personal property

I am attaching the caselaw I have in my research folder, it has not been sheperdized or updated recently.  It is my understanding that once the sheriff executes and the personal belongings are placed on the curb the landlord does not have any liability.

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Fri, Feb 7, 2025 at 9:58 AM csabol sabollaw.comhttp://sabollaw.com <csabol@sabollaw.commailto:csabol@sabollaw.com> wrote:
Hi All,

Does anybody have any case law citations surrounding the circumstances of a landlord's removal of tenant property after execution of the Writ of Possession.  I know the statute is clear, but I have a Judge claiming my client is responsible for the value of the property removed after execution of a Writ.  Looking for any case law on this topic.

As a side note, wondering if there's any case law that states whether a Landlord must remove it immediately or if they do it at their convenience.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Licensed in FL & TX
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office:  (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME:  IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.


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Thank you, but as I read 715.10, it states it is optional, not mandatory. Cary Sabol Cary P. Sabol, Esq. J.D. (2001), LLM (2009) Licensed in FL & TX Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Office: (561) 413-4449 Cell: (561) 281-2744 Fax: (888) 316-2881 Email: CSABOL@SABOLLAW.COM<mailto:CSABOL@SABOLLAW.COM> BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS. PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing" CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted. THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ________________________________ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Jeremy T. Cranford <jtcranford@cranford.law> Sent: Friday, February 7, 2025 10:27 AM To: RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL Leasing Committee] Eviction Writ remove of personal property If after the specific period in chapter 83 (which Ive understood to be during execution of writ), I think it becomes a fact question of abandonment with a safe harbor if one has properly used the alternative process of 715.10 et seq. Sorry I don't have authority handy - but I wanted to draw your attention to 715.10 et seq. __________________________________ Jeremy T. Cranford, Attorney, Mediator, Arbitrator, LL.M. (Real Estate Law) Board Certified Real Estate Law Specialist CRANFORD LAW, PL 4458 Legendary Dr., Suite 350, Destin, FL 32541 PO Box 5619, Destin, FL 32540 (850) 502-3353<tel:%208505023353> jtcranford@cranford.law<mailto:jtcranford@cranford.law> www.cranford.law<https://www.cranford.law/> Licensed in Florida & Missouri __________________________________ I am an attorney and, in sending this email to you, I am likely to be acting on behalf of a client. First, this email is likely to contain confidential and/or privileged information, so please protect the information contained herein from being accessed or accessible by any third party. Second, if you believe you were not my intended recipient, please inform me immediately and delete all copies of this email. Third, if you are not presently a client of my office and unless this email contains a specific express statement that you have become such a client, do not interpret this email as serving to establish an attorney-client relationship and do not disclose any information to my office that you would expect my office to hold in confidence. __________________________________ -------- Original message -------- From: Alberto Cardet <alcardet@gmail.com> Date: 2/7/25 10:23 AM (GMT-05:00) To: RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL Leasing Committee] Eviction Writ remove of personal property I am attaching the caselaw I have in my research folder, it has not been sheperdized or updated recently. It is my understanding that once the sheriff executes and the personal belongings are placed on the curb the landlord does not have any liability. Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Fri, Feb 7, 2025 at 9:58 AM csabol sabollaw.com<http://sabollaw.com> <csabol@sabollaw.com<mailto:csabol@sabollaw.com>> wrote: Hi All, Does anybody have any case law citations surrounding the circumstances of a landlord's removal of tenant property after execution of the Writ of Possession. I know the statute is clear, but I have a Judge claiming my client is responsible for the value of the property removed after execution of a Writ. Looking for any case law on this topic. As a side note, wondering if there's any case law that states whether a Landlord must remove it immediately or if they do it at their convenience. Cary Sabol Cary P. Sabol, Esq. J.D. (2001), LLM (2009) Licensed in FL & TX Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Office: (561) 413-4449 Cell: (561) 281-2744 Fax: (888) 316-2881 Email: CSABOL@SABOLLAW.COM<mailto:CSABOL@SABOLLAW.COM> BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS. PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing" CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted. THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten
CS
csabol sabollaw.com
Fri, Feb 7, 2025 3:48 PM

Thanks Alberto, McCready case is very helpful.

I'll have look for something similar in the 4th DCA

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Licensed in FL & TX
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office:  (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME:  IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.


From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of Alberto Cardet alcardet@gmail.com
Sent: Friday, February 7, 2025 10:22 AM
To: RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Writ remove of personal property

I am attaching the caselaw I have in my research folder, it has not been sheperdized or updated recently.  It is my understanding that once the sheriff executes and the personal belongings are placed on the curb the landlord does not have any liability.

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Fri, Feb 7, 2025 at 9:58 AM csabol sabollaw.comhttp://sabollaw.com <csabol@sabollaw.commailto:csabol@sabollaw.com> wrote:
Hi All,

Does anybody have any case law citations surrounding the circumstances of a landlord's removal of tenant property after execution of the Writ of Possession.  I know the statute is clear, but I have a Judge claiming my client is responsible for the value of the property removed after execution of a Writ.  Looking for any case law on this topic.

As a side note, wondering if there's any case law that states whether a Landlord must remove it immediately or if they do it at their convenience.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Licensed in FL & TX
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office:  (561) 413-4449
Cell:    (561) 281-2744
Fax:    (888) 316-2881
Email: CSABOL@SABOLLAW.COMmailto:CSABOL@SABOLLAW.COM

BEWARE OF CYBER-CRIME:  IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.


landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Thanks Alberto, McCready case is very helpful. I'll have look for something similar in the 4th DCA Cary Sabol Cary P. Sabol, Esq. J.D. (2001), LLM (2009) Licensed in FL & TX Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Office: (561) 413-4449 Cell: (561) 281-2744 Fax: (888) 316-2881 Email: CSABOL@SABOLLAW.COM<mailto:CSABOL@SABOLLAW.COM> BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS. PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing" CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted. THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ________________________________ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Alberto Cardet <alcardet@gmail.com> Sent: Friday, February 7, 2025 10:22 AM To: RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL Leasing Committee] Eviction Writ remove of personal property I am attaching the caselaw I have in my research folder, it has not been sheperdized or updated recently. It is my understanding that once the sheriff executes and the personal belongings are placed on the curb the landlord does not have any liability. Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Fri, Feb 7, 2025 at 9:58 AM csabol sabollaw.com<http://sabollaw.com> <csabol@sabollaw.com<mailto:csabol@sabollaw.com>> wrote: Hi All, Does anybody have any case law citations surrounding the circumstances of a landlord's removal of tenant property after execution of the Writ of Possession. I know the statute is clear, but I have a Judge claiming my client is responsible for the value of the property removed after execution of a Writ. Looking for any case law on this topic. As a side note, wondering if there's any case law that states whether a Landlord must remove it immediately or if they do it at their convenience. Cary Sabol Cary P. Sabol, Esq. J.D. (2001), LLM (2009) Licensed in FL & TX Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Office: (561) 413-4449 Cell: (561) 281-2744 Fax: (888) 316-2881 Email: CSABOL@SABOLLAW.COM<mailto:CSABOL@SABOLLAW.COM> BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS. PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing" CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted. THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten