[RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the Sheriff execute the Writ, tenant had not moved any of the personal items. Sheriff told landlord to "dispose" of the property, which landlord interpreted to mean throw in the trash. Now, former tenant is suing landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines what landlord can and cannot do with tenant's property after eviction? Since the leased premises was a condo, landlord could not simply leave it all at the property line because that would have been a violation of condo rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.
Cary,
Fla. Stat. s. 83.62 says the property must be moved "to or near" the property line. If I'm representing the tenant, I would argue that the LL should have moved the property just over the property line if the condo wouldn't allow it any closer.
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the Sheriff execute the Writ, tenant had not moved any of the personal items. Sheriff told landlord to "dispose" of the property, which landlord interpreted to mean throw in the trash. Now, former tenant is suing landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines what landlord can and cannot do with tenant's property after eviction? Since the leased premises was a condo, landlord could not simply leave it all at the property line because that would have been a violation of condo rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.
Section, 83.62, Florida Statutes;
Sections 715.10-715.12, Florida Statutes represent the "Disposition of
Personal Property L/T Act."
Now that you mention it, maybe we should suggest that the legislature
put some reference to the "Disposition of Personal Property L/T Act" in
Chapter 83 (I don't think there is a current reference).
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.com BLOCKED::mailto:jnalexander@pcld-law.com
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the
Sheriff execute the Writ, tenant had not moved any of the personal
items. Sheriff told landlord to "dispose" of the property, which
landlord interpreted to mean throw in the trash. Now, former tenant is
suing landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines
what landlord can and cannot do with tenant's property after eviction?
Since the leased premises was a condo, landlord could not simply leave
it all at the property line because that would have been a violation of
condo rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.
Joe, I believe there's a veiled reference to it in 83.67 (5).
Cary, where was the trash bin? I'll defer to one of the experts out there - but in my opinion if the LL took the property to a dumpster that's "near the property line" then that would be good enough to comply with the statute (assuming it's not a locked dumpster and the former T could gain reasonable access to it). I've always read the statute to mean that as long as the LL hauled the stuff to or near the property line and set it down, even for just a minute, then at that point it didn't matter what became of it. In other words, after having set it down near the property line and waiting for even just one minute, LL could then have a trash hauling company pick the stuff right back up and haul it off to the dump or anywhere else for that matter.
To me the key is that the T has an opportunity, even if for just a minute, to pick the stuff up themselves. The idea being to prevent the LL from taking the T's property out of the dwelling and taking it directly to either a locked trash bin or to LL's own pickup truck, etc, where T has zero chance of getting it. This may seem harsh, but the last sentence of 83.52(2) seems very clear about not holding the LL liable for the stuff once it's been removed. So to me, once LL can show he set the stuff down for a minute near the property line, if T isn't around to grab it, then it's too bad for the T if the LL needs to pick it back up and haul it off to the dump in order to avoid condo violations.
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28
[cid:image001.jpg@01C8B0EE.0B556530]
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, August 04, 2011 2:10 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction Question
Section, 83.62, Florida Statutes;
Sections 715.10-715.12, Florida Statutes represent the "Disposition of Personal Property L/T Act."
Now that you mention it, maybe we should suggest that the legislature put some reference to the "Disposition of Personal Property L/T Act" in Chapter 83 (I don't think there is a current reference).
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.comBLOCKED::mailto:jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the Sheriff execute the Writ, tenant had not moved any of the personal items. Sheriff told landlord to "dispose" of the property, which landlord interpreted to mean throw in the trash. Now, former tenant is suing landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines what landlord can and cannot do with tenant's property after eviction? Since the leased premises was a condo, landlord could not simply leave it all at the property line because that would have been a violation of condo rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.
See McCready v Booth 398 So.2d 1000
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the
Sheriff execute the Writ, tenant had not moved any of the personal items.
Sheriff told landlord to "dispose" of the property, which landlord
interpreted to mean throw in the trash. Now, former tenant is suing
landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines
what landlord can and cannot do with tenant's property after eviction?
Since the leased premises was a condo, landlord could not simply leave it
all at the property line because that would have been a violation of condo
rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.
My opinion is that the intent of the law is to give the tenant access to the
stuff at the time of the eviction since they are no longer allowed on the
property.
I tell my client to take it to the property line, right of way, regardless
of what the condo assn/HOA says or code enforcement says, leave it there for
a couple hours then put it in the dumpster. I don't want them to go straight
to the dumpster.
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
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DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, August 04, 2011 2:36 PM
To: RPPTL Landlord Tenant Committee; Cary Sabol
Subject: Re: [RPPTL LandTen] Eviction Question
Joe, I believe there's a veiled reference to it in 83.67 (5).
Cary, where was the trash bin? I'll defer to one of the experts out there -
but in my opinion if the LL took the property to a dumpster that's "near the
property line" then that would be good enough to comply with the statute
(assuming it's not a locked dumpster and the former T could gain reasonable
access to it). I've always read the statute to mean that as long as the LL
hauled the stuff to or near the property line and set it down, even for just
a minute, then at that point it didn't matter what became of it. In other
words, after having set it down near the property line and waiting for even
just one minute, LL could then have a trash hauling company pick the stuff
right back up and haul it off to the dump or anywhere else for that matter.
To me the key is that the T has an opportunity, even if for just a minute,
to pick the stuff up themselves. The idea being to prevent the LL from
taking the T's property out of the dwelling and taking it directly to either
a locked trash bin or to LL's own pickup truck, etc, where T has zero chance
of getting it. This may seem harsh, but the last sentence of 83.52(2) seems
very clear about not holding the LL liable for the stuff once it's been
removed. So to me, once LL can show he set the stuff down for a minute near
the property line, if T isn't around to grab it, then it's too bad for the T
if the LL needs to pick it back up and haul it off to the dump in order to
avoid condo violations.
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtorsR
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28
cid:image001.jpg@01C8B0EE.0B556530
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, August 04, 2011 2:10 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction Question
Section, 83.62, Florida Statutes;
Sections 715.10-715.12, Florida Statutes represent the "Disposition of
Personal Property L/T Act."
Now that you mention it, maybe we should suggest that the legislature put
some reference to the "Disposition of Personal Property L/T Act" in Chapter
83 (I don't think there is a current reference).
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.com BLOCKED::mailto:jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and confidential.
If the reader of the message is not the intended recipient, you are hereby
notified that any dissemination of this communication is strictly
prohibited. If you have received this e-mail in error, please notify us
immediately by replying to this e-mail message or by telephone and delete
this message and any attachments from your system. Thank you.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the
Sheriff execute the Writ, tenant had not moved any of the personal items.
Sheriff told landlord to "dispose" of the property, which landlord
interpreted to mean throw in the trash. Now, former tenant is suing
landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines
what landlord can and cannot do with tenant's property after eviction?
Since the leased premises was a condo, landlord could not simply leave it
all at the property line because that would have been a violation of condo
rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.
McCready is a 1981 decision and 83.62(2) was created in 1988. To the extent McCready is still usable, it probably only applies if a tenant tried filing suit after a landlord had complied with the statute. (Of course, one would not need case law in that situation because 83.62(2) already releases liability.)
I agree with Greg. As long as the landlord moves the property to or near the property line, they are not responsible for what happens to it afterward. However, I do not know if putting the property in a dumpster at or near the property line complies. I would argue that a dumpster or trash receptacle is not within the statute's intent and does not offer a tenant meaningful opportunity to recover their property before it is soiled or damaged. You'd literally have to climb in to get everything out of it.
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Thursday, August 04, 2011 3:00 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction Question
See McCready v Booth 398 So.2d 1000
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the Sheriff execute the Writ, tenant had not moved any of the personal items. Sheriff told landlord to "dispose" of the property, which landlord interpreted to mean throw in the trash. Now, former tenant is suing landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines what landlord can and cannot do with tenant's property after eviction? Since the leased premises was a condo, landlord could not simply leave it all at the property line because that would have been a violation of condo rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.
See Chapter 715.10 through 715.111, Disposition of Personal Property
Landlord and Tenant Act. You might also look at Chapter 705.
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
620 Lavers Circle, Suite 228
Delray Beach, FL 33444
Tel: (754) 224-6178
Email: AJH1502@gmail.com
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the
Sheriff execute the Writ, tenant had not moved any of the personal items.
Sheriff told landlord to "dispose" of the property, which landlord
interpreted to mean throw in the trash. Now, former tenant is suing
landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines
what landlord can and cannot do with tenant's property after eviction?
Since the leased premises was a condo, landlord could not simply leave it
all at the property line because that would have been a violation of condo
rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
Confidentiality Notice: This email transmission and any attachments are
confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution, or use of the information contained herein is STRICTLY
PROHIBITED.
I agree with you Harry. Just to be clear, I do give similar conservative advice to our property manager members when asked about this issue ahead of time in order to keep them out of trouble (i.e., don't take it straight to the dumpster). However, after the fact, I would argue my opinion stated below - at least until someone could provide a clear precedent to the contrary. For what it's worth, I just checked Hauser's LL/T manual and there's zero info on the precise issue raised by Cary of what if the LL took it straight to the trash.
Greg
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, August 04, 2011 3:33 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction Question
My opinion is that the intent of the law is to give the tenant access to the stuff at the time of the eviction since they are no longer allowed on the property.
I tell my client to take it to the property line, right of way, regardless of what the condo assn/HOA says or code enforcement says, leave it there for a couple hours then put it in the dumpster. I don't want them to go straight to the dumpster.
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, August 04, 2011 2:36 PM
To: RPPTL Landlord Tenant Committee; Cary Sabol
Subject: Re: [RPPTL LandTen] Eviction Question
Joe, I believe there's a veiled reference to it in 83.67 (5).
Cary, where was the trash bin? I'll defer to one of the experts out there - but in my opinion if the LL took the property to a dumpster that's "near the property line" then that would be good enough to comply with the statute (assuming it's not a locked dumpster and the former T could gain reasonable access to it). I've always read the statute to mean that as long as the LL hauled the stuff to or near the property line and set it down, even for just a minute, then at that point it didn't matter what became of it. In other words, after having set it down near the property line and waiting for even just one minute, LL could then have a trash hauling company pick the stuff right back up and haul it off to the dump or anywhere else for that matter.
To me the key is that the T has an opportunity, even if for just a minute, to pick the stuff up themselves. The idea being to prevent the LL from taking the T's property out of the dwelling and taking it directly to either a locked trash bin or to LL's own pickup truck, etc, where T has zero chance of getting it. This may seem harsh, but the last sentence of 83.52(2) seems very clear about not holding the LL liable for the stuff once it's been removed. So to me, once LL can show he set the stuff down for a minute near the property line, if T isn't around to grab it, then it's too bad for the T if the LL needs to pick it back up and haul it off to the dump in order to avoid condo violations.
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28
[cid:image001.jpg@01C8B0EE.0B556530]
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, August 04, 2011 2:10 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction Question
Section, 83.62, Florida Statutes;
Sections 715.10-715.12, Florida Statutes represent the "Disposition of Personal Property L/T Act."
Now that you mention it, maybe we should suggest that the legislature put some reference to the "Disposition of Personal Property L/T Act" in Chapter 83 (I don't think there is a current reference).
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.comBLOCKED::mailto:jnalexander@pcld-law.com
This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the Sheriff execute the Writ, tenant had not moved any of the personal items. Sheriff told landlord to "dispose" of the property, which landlord interpreted to mean throw in the trash. Now, former tenant is suing landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines what landlord can and cannot do with tenant's property after eviction? Since the leased premises was a condo, landlord could not simply leave it all at the property line because that would have been a violation of condo rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.
When I used to do evictions I told my clients to leave it on the street if
the landlord chose to move it out of the premises and not follow the
Abandoned PP Statute. The evicted tenant still owns the property even if it
is on the street. I never let them touch it again. Why take any chances?
Sent from iPhone
Charles J. Levin
Attorney at Law
Post Office Box 342727
Tampa, FL 33694
813.963.5135
For more information about the firm, please visit
http://www.landlordlaw.com/
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On Aug 4, 2011, at 4:46 PM, Greg Hass GregH@floridarealtors.org wrote:
I agree with you Harry. Just to be clear, I do give similar conservative
advice to our property manager members when asked about this issue ahead of
time in order to keep them out of trouble (i.e., don’t take it straight to
the dumpster). However, after the fact, I would argue my opinion stated
below - at least until someone could provide a clear precedent to the
contrary. For what it’s worth, I just checked Hauser’s LL/T manual and
there’s zero info on the precise issue raised by Cary of what if the LL took
it straight to the trash.
Greg
From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Harry Heist
Sent: Thursday, August 04, 2011 3:33 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction Question
My opinion is that the intent of the law is to give the tenant access to the
stuff at the time of the eviction since they are no longer allowed on the
property.
I tell my client to take it to the property line, right of way, regardless
of what the condo assn/HOA says or code enforcement says, leave it there for
a couple hours then put it in the dumpster. I don’t want them to go straight
to the dumpster.
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Greg Hass
Sent: Thursday, August 04, 2011 2:36 PM
To: RPPTL Landlord Tenant Committee; Cary Sabol
Subject: Re: [RPPTL LandTen] Eviction Question
Joe, I believe there’s a veiled reference to it in 83.67 (5).
Cary, where was the trash bin? I’ll defer to one of the experts out there –
but in my opinion if the LL took the property to a dumpster that’s “near the
property line” then that would be good enough to comply with the statute
(assuming it’s not a locked dumpster and the former T could gain reasonable
access to it). I’ve always read the statute to mean that as long as the LL
hauled the stuff to or near the property line and set it down, even for just
a minute, then at that point it didn’t matter what became of it. In other
words, after having set it down near the property line and waiting for even
just one minute, LL could then have a trash hauling company pick the stuff
right back up and haul it off to the dump or anywhere else for that matter.
To me the key is that the T has an opportunity, even if for just a minute,
to pick the stuff up themselves. The idea being to prevent the LL from
taking the T’s property out of the dwelling and taking it directly to either
a locked trash bin or to LL’s own pickup truck, etc, where T has zero chance
of getting it. This may seem harsh, but the last sentence of 83.52(2) seems
very clear about not holding the LL liable for the stuff once it’s been
removed. So to me, once LL can show he set the stuff down for a minute near
the property line, if T isn’t around to grab it, then it’s too bad for the T
if the LL needs to pick it back up and haul it off to the dump in order to
avoid condo violations.
Greg
Greg Hass, Senior Counsel
Office of Law & Policy |* FloridaRealtors®
*7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28
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From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Joseph Alexander
Sent: Thursday, August 04, 2011 2:10 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction Question
Section, 83.62, Florida Statutes;
Sections 715.10-715.12, Florida Statutes represent the “Disposition of
Personal Property L/T Act.”
Now that you mention it, maybe we should suggest that the legislature put
some reference to the “Disposition of Personal Property L/T Act” in Chapter
83 (I don’t think there is a current reference).
Thank you, P Think before you print.
Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: 352.383.4186
Fax: 352.383.0087
jnalexander@pcld-law.com BLOCKED::mailto:jnalexander@pcld-law.com
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From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Cary Sabol
Sent: Thursday, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question
Dear Group Members,
I have a case where my client (landlord) evicted a tenant and when the
Sheriff execute the Writ, tenant had not moved any of the personal items.
Sheriff told landlord to "dispose" of the property, which landlord
interpreted to mean throw in the trash. Now, former tenant is suing
landlord for the lost value of tenant's property.
Does anyone know of any case law or legal authority that clearly defines
what landlord can and cannot do with tenant's property after eviction?
Since the leased premises was a condo, landlord could not simply leave it
all at the property line because that would have been a violation of condo
rules.
Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax: (561) 691-6049
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