[RPPTL LandTen] Disposal of Tenant's property

Thu Mar 25 09:41:48 PDT 2010

Isn’t the last sentence of 83.62 (2) an absolute defense?  Statute says “remove” so I would imagine you can’t just “throw” the stuff on the curb in a manner that will deliberately damage stuff, but absent a smoking gun videotape of the LL tossing TVs up in the air I’d be surprised if the Tenant could overcome 83.62 (2).

Regards,

Greg

Greg Hass, Senior Counsel

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, March 25, 2010 12:34 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Disposal of Tenant's property

Hey all, have a question about liability for tenant property, hopefully someone can give me some help.

Here are the facts:  Landlord evicted residential Tenant.  Sheriff executed Writ.  Tenant left personal property in the unit and landlord threw it out on the street.  Now tenant is suing landlord for destruction of property.

I know the statute allows the landlord to throw out the property after the Writ is executed.  Does anyone have any case law on the issue?  Or any other suggestions on defenses?

Much appreciated.

Cary Sabol

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416 

Phone: (561) 281-2744

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--- On Thu, 3/25/10, George Pincus <GPincus at stearnsweaver.com> wrote:

From: George Pincus <GPincus at stearnsweaver.com>
Subject: [RPPTL LandTen] Florida Unclaimed Property Act Issue
To: "RPPTL Landlord Tenant Committee" <landten at lists.flabarrpptl.org>
Date: Thursday, March 25, 2010, 11:03 AM

Under the heading of “no good deed goes unpunished” I have the following problem:

·        Tenant leaves premises in office building at end of lease term

·        At the end of the same calendar year, Landlord does OP EX reconciliation and ends up owing the former Tenant money (a few thousand dollars – not a big number)

·        Landlord makes diligent effort to find Tenant but the entity has been administratively dissolved and it can’t find principals of the now dissolved company

·        After not being able to find anyone to send the refund to, Landlord fills out the form required by the Unclaimed Property Act (F.S. Chapter 717) and sends it in, with a check, to the Department of Financial Services

·        The Department now wants to come in and do and extensive audit of Landlord’s financial records, saying that Landlord is an entity that holds other people’s monies and may not be in compliance with the Act. 

·        Landlord really does not want to undergo the audit and just wants this to go away (regretting that it tried to do the right thing in sending the unclaimed funds into the State). 

Does anyone have any relevant experience with a similar situation? 

Any help would be greatly appreciated. 

Thanks. 

George A. Pincus, Esq.

Shareholder

Stearns Weaver Miller Weissler

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