[RPPTL LandTen] Disposal of Tenant Property
Anthony J. Horky
ahorky at mbhlawyer.com
Fri May 7 11:58:49 PDT 2010
Where the property may have value, I always recommend that a UCC-1
search be performed before any determination is made. It's somewhat
time consuming and costly, but is the best way to protect landlord from
liability. Of course, the true owner or lien holder must make its
interest known to the public in order to identify and notify them. We
handled an eviction of a long haul truck depo and there were dozens of
trailers left on the property. A UCC-1 search revealed numerous
creditors and we served them all with the appropriate Ch. 715 letter.
Arrangements were made with the creditors and we avoided holding a
public sale.
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 Jeffrey
Mazor
Sent: Friday, May 07, 2010 2:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Disposal of Tenant Property
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: Jmazor at Mazor.com <mailto: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
Confidentiality Notice: This email transmission and any attachments are
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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
E-Mail: ahorky at mbhlawyer.com
<http://us.mc578.mail.yahoo.com/mc/compose?to=ahorky@mbhlawyer.com>
Website: www.mbhlawyer.com <http://www.mbhlawyer.com/>
CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in
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any dissemination or copying of this transmission (including any
attachments) is strictly prohibited. If you have received this email
transmission in error, please notify the sender by email reply
immediately. Thank you.
Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the proceeding
message contains advice relating to a Federal tax issue, unless
expressly stated otherwise, the advice is not intended or written to be
used, and it cannot be used by the recipient or any other taxpayer, for
the purpose of avoiding Federal tax penalties, and was not written to
support the promotion or marketing of any transaction or matter
discussed herein.
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 sued 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.
________________________________
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,
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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
E-Mail <http://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com>
| Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website
<http://www.shutts.com/>
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
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
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