[RPPTL LandTen] Eviction Question

Thu Aug 4 12:32:42 PDT 2011

My opinion is that the intent of the law is to give the tenant access to the
stuff at the time of the eviction since they are no longer allowed on the
property.

I tell my client to take it to the property line, right of way, regardless
of what the condo assn/HOA says or code enforcement says, leave it there for
a couple hours then put it in the dumpster. I don't want them to go straight
to the dumpster.

Harry

LAW OFFICES OF 
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com <http://www.evict.com/>  
Email: harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, August 04, 2011 2:36 PM
To: RPPTL Landlord Tenant Committee; Cary Sabol
Subject: Re: [RPPTL LandTen] Eviction Question

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

Office of Law & Policy | FloridaRealtorsR
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28

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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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