Members: I am looking for any opinion on the following issue:
Under Florida law, whether a commercial tenant, after an eviction action has
been instituted, who removes personal property from the premises when rent
is past due, can be found civilly or criminally liable for conversion or
civil theft?
Thank you.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.989.3204
http://www.horkylaw.com www.horkylaw.com
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I would think that the property is still owned by the Tenant until the Landlord obtains and executes a writ of execution. While there may be a lien, it does not at that point belong to the landlord.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, February 04, 2014 11:04 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Landlord's statutory lien for rent (s. 83.08) - civil and criminal liability for removal of property?
Members: I am looking for any opinion on the following issue:
Under Florida law, whether a commercial tenant, after an eviction action has been instituted, who removes personal property from the premises when rent is past due, can be found civilly or criminally liable for conversion or civil theft?
Thank you.
Regards,
[AJH Logo mark]
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.989.3204
www.horkylaw.comhttp://www.horkylaw.com
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.
Agreed. The lien would have to be levied upon for the property to be other than tenant’s.
Gregory R. Haney | Shumaker
Attorney at Law | Board Certified in Real Estate Law
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800 | Tampa, FL 33602
Direct 813.227.2277 | Fax 813.229.1660
ghaney@slk-law.com | biohttp://www.slk-law.com/Lawyers/Gregory-Scott-R-Haney | LinkedInhttp://www.linkedin.com/in/gregoryhaney
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Tuesday, February 04, 2014 11:34 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Landlord's statutory lien for rent (s. 83.08) - civil and criminal liability for removal of property?
I would think that the property is still owned by the Tenant until the Landlord obtains and executes a writ of execution. While there may be a lien, it does not at that point belong to the landlord.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942
[gm-horizontal-two-color.jpg]
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, February 04, 2014 11:04 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Landlord's statutory lien for rent (s. 83.08) - civil and criminal liability for removal of property?
Members: I am looking for any opinion on the following issue:
Under Florida law, whether a commercial tenant, after an eviction action has been instituted, who removes personal property from the premises when rent is past due, can be found civilly or criminally liable for conversion or civil theft?
Thank you.
Regards,
[AJH Logo mark]
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.989.3204
www.horkylaw.comhttp://www.horkylaw.com
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.
Anthony, take a look at FS 818.01 et seq for possible criminal liability.
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, February 04, 2014 11:04 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Landlord's statutory lien for rent (s. 83.08) -
civil and criminal liability for removal of property?
Members: I am looking for any opinion on the following issue:
Under Florida law, whether a commercial tenant, after an eviction action has
been instituted, who removes personal property from the premises when rent
is past due, can be found civilly or criminally liable for conversion or
civil theft?
Thank you.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.989.3204
This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: mailto:ahorky@horkylaw.com
ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.