[RPPTL LandTen] Eviction Question

Thu Aug 4 14:54:31 PDT 2011

My 2 cents.  Chapter 715 is an reliable alternative when you are in doubt.  It covers the entire process from the notice requirements, the form of the notice, disposition, no liability and assessing storage costs. If the value of the property is under $500.00, after the notice period the landlord can dispose of the property as he/she wishes without further liability – dumpster, etc.  It’s only a 10/15 day notice period.  Good luck.    

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

620 Lavers Circle, Suite 228

Delray Beach, FL 33444

Tel: (754) 224-6178

Email:   <mailto:AJH1502 at gmail.com> AJH1502 at gmail.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, August 04, 2011 5:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction Question

Thanks everyone for the participation.  It seems the problem here, which is what I am struggling with, is the lack of any clarity or authority on what the LL really can do with T's property after eviction.  For example, what if LL put it on the street, but was then cited for a code violation.  Is LL supposed to incur fines because T never comes to get his/her stuff.  What if it sits there for weeks or even months.  When is the magic moment when LL can actually throw the stuff away?

I just haven't found any clear authority on the issue.  Maybe this would be a good issue to be clarified with the statutory revisions committee.  Anyhow, if anyone finds anything clear cut, please let me know.  If not, thanks all for your assistance and ideas.

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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From: Charles Levin <levin at landlordlaw.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Sent: Thursday, August 4, 2011 5:02 PM
Subject: Re: [RPPTL LandTen] Eviction Question

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

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Tampa, FL 33694

813.963.5135

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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 | FloridaRealtors®
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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

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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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