[RPPTL LandTen] Disposal of Tenant's property

[Lainie Simon]

statute:  715.10

Cary Sabol wrote:
> 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
>
>       Alhadeff & Sitterson, P.A.
>
>     New River Center, Suite 2100
>
>     200 East Las Olas Boulevard
>
>     Ft. Lauderdale, FL 33301
>
>     Telephone: 954-766-9705
>
>     Facsimile:    954-766-9719
>
>     E-mail: gpincus at stearnsweaver.com
>     <http://us.mc578.mail.yahoo.com/mc/compose?to=gpincus@swmwas.com>
>
>     www.stearnsweaver.com
>
>      
>
>      
>
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-- 
Lainie J. Simon, Esq.
2200 NW Corporate Blvd, #401
Boca Raton, FL  33431
561-445-1361
561-997-8448 (fax)