[RPPTL LandTen] Disposal of Tenant Property

Fri May 7 10:47:08 PDT 2010

Thanks for the reply, appreciate it.

Cary

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416 
Phone: (561) 281-2744

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. 

--- On Thu, 5/6/10, Drobner, David S. <ddrobner at carltonfields.com> wrote:

From: Drobner, David S. <ddrobner at carltonfields.com>
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
To: "RPPTL Landlord Tenant Committee" <landten at lists.flabarrpptl.org>
Date: Thursday, May 6, 2010, 2:57 PM

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No question its a royal pain; and no one wants to incur legal fees to do these things. If at all possible to conclude it has very little value - statutory threshold as of a couple years ago was $500 - you can just toss the stuff.  715.105, 715.106, 715.109...

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, May 06, 2010 2:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property

I would start with the lease and look for language regarding the disposition of property.  If the lease is silent, I recommend to my clients that they attempt to have the dispossessed tenant remove it and, if not, to follow Ch. 715.  If the property has value, I also do a UCC-1 search to verify if there are any lien holders and also serve them with the appropriate Ch. 715 notice.     

Regards, 

Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard
Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
Telephone: 954.467.2200 ext. 225
Facsimile:  954.467.2210
E-Mail: ahorky at mbhlawyer.com
Website: www.mbhlawyer.com

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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, May 06, 2010 1:37 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Disposal of Tenant Property

Hey All,

I practice primarily in residential L/T cases and know that disposal of tenant property is stated clearly in the statute and usage of Ch. 715 is optional.  I have a client who evicted a commercial tenant and I need to dispose of the property left behind.  I looked through Part I of Ch. 83, but can't find an express process to follow.

Does anyone know what statutory procedure I'm obligated to use for disposal of a commercial tenant's property after the Writ of Possession has been served?  Thanks in advance.

Cary Sabol

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416  

Phone: (561) 281-2744

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. 

--- On Mon, 4/19/10, Neil B. Shoter <NShoter at shutts.com> wrote:

From: Neil B. Shoter <NShoter at shutts.com>
Subject: [RPPTL LandTen] (no subject)
To: " RPPTL Landlord Tenant Committee " <landten at lists.flabarrpptl.org>
Date: Monday, April 19, 2010, 11:59 AM

The final version of the Residential Leases and Landlord/Tenant litigation forms for use by non lawyers as approved by the Supreme Court on 4/15 is attached for anyone who is interested.  

Neil B. Shoter 
Partner / LEED Accredited Professional  

Shutts & Bowen LLP 
1100 CityPlace Tower , 525 Okeechobee Boulevard  |  West Palm Beach,  FL   33401 
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | Website

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.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
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received this email in error, please notify the sender by
email reply. Thank you.

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