[RPPTL LandTen] Disposal of Tenant Property

Fri May 7 11:12:55 PDT 2010

I don't like to rely upon the lease  because I do not believe that the
tenant's agreement re: personal property will protect the landlord from
claims  of third parties owners or lien holders. 715 is terrific - It just
saved us from a $250,000 claim.

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building 

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:       954-962-3560

Email:    <mailto:Jmazor at Mazor.com> Jmazor at Mazor.com 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, May 07, 2010 1:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property

Thanks for the reply, appreciate it.

Cary

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416 

Phone: (561) 281-2744

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--- 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

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

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ahorky at 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
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--- 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.  

  <http://www.shutts.com/shutts100.jpg> 

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
 <http://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com> E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  <http://www.shutts.com/>
Website

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
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to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
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