[RPPTL LandTen] Eviction Question

Thu Aug 4 11:35:30 PDT 2011

Joe, I believe there's a veiled reference to it in 83.67 (5).

Cary, where was the trash bin?  I'll defer to one of the experts out there - but in my opinion if the LL took the property to a dumpster that's "near the property line" then that would be good enough to comply with the statute (assuming it's not a locked dumpster and the former T could gain reasonable access to it).  I've always read the statute to mean that as long as the LL hauled the stuff to or near the property line and set it down, even for just a minute, then at that point it didn't matter what became of it.  In other words, after having set it down near the property line and waiting for even just one minute, LL could then have a trash hauling company pick the stuff right back up and haul it off to the dump or anywhere else for that matter.

To me the key is that the T has an opportunity, even if for just a minute, to pick the stuff up themselves.  The idea being to prevent the LL from taking the T's property out of the dwelling and taking it directly to either a locked trash bin or to LL's own pickup truck, etc, where T has zero chance of getting it.  This may seem harsh, but the last sentence of 83.52(2) seems very clear about not holding the LL liable for the stuff once it's been removed.  So to me, once LL can show he set the stuff down for a minute near the property line, if T isn't around to grab it, then it's too bad for the T if the LL needs to pick it back up and haul it off to the dump in order to avoid condo violations.

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 Joseph Alexander
Sent: Thursday, August 04, 2011 2:10 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction Question

Section, 83.62, Florida Statutes;
Sections 715.10-715.12, Florida Statutes represent the "Disposition of Personal Property L/T Act."

Now that you mention it, maybe we should suggest that the legislature put some reference to the "Disposition of Personal Property L/T Act" in Chapter 83 (I don't think there is a current reference).
Thank you,                          P Think before you print.

Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone:  352.383.4186
Fax:       352.383.0087
jnalexander at pcld-law.com<BLOCKED::mailto:jnalexander at pcld-law.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, August 04, 2011 1:53 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction Question

Dear Group Members,

I have a case where my client (landlord) evicted a tenant and when the Sheriff execute the Writ, tenant had not moved any of the personal items.  Sheriff told landlord to "dispose" of the property, which landlord interpreted to mean throw in the trash.  Now, former tenant is suing landlord for the lost value of tenant's property.

Does anyone know of any case law or legal authority that clearly defines what landlord can and cannot do with tenant's property after eviction?  Since the leased premises was a condo, landlord could not simply leave it all at the property line because that would have been a violation of condo rules.

Any ideas are appreciated.
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Fax:     (561) 691-6049

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