[RPPTL LandTen] Eviction Question

Thu Aug 4 14:02:07 PDT 2011

When I used to do evictions I told my clients to leave it on the street if
the landlord chose to move it out of the premises and not follow the
Abandoned PP Statute.  The evicted tenant still owns the property even if it
is on the street. I never let them touch it again. Why take any chances?

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Charles J. Levin
Attorney at Law
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On Aug 4, 2011, at 4:46 PM, Greg Hass <GregH at floridarealtors.org> wrote:

 I agree with you Harry.  Just to be clear, I do give similar conservative
advice to our property manager members when asked about this issue ahead of
time in order to keep them out of trouble (i.e., don’t take it *straight* to
the dumpster).  However, after the fact, I would argue my opinion stated
below - at least until someone could provide a clear precedent to the
contrary.  For what it’s worth, I just checked Hauser’s LL/T manual and
there’s zero info on the precise issue raised by Cary of what if the LL took
it straight to the trash.

Greg

*From:* landten-bounces at lists.flabarrpptl.org [mailto:
landten-bounces at lists.flabarrpptl.org] *On Behalf Of *Harry Heist
*Sent:* Thursday, August 04, 2011 3:33 PM
*To:* 'RPPTL Landlord Tenant Committee'
*Subject:* Re: [RPPTL LandTen] Eviction Question

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
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 |* **Florida**Realtors®
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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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