[RPPTL LandTen] Disposition of personal property remaining incommercial premises post-execution of writ of possession

[Drobner, David S.]

Non-residential: Chapter 715.10 I think...

 

 

 

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Mazor 
Sent: Tuesday, November 29, 2011 4:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Disposition of personal property remaining incommercial premises post-execution of writ of possession

 

Folks:

 

Issue:  

 

What can be done with the Tenant's personal property when the Sheriff serves a writ of possession on a non-residential tenant?

 

Residential Statute .   For residential property, § 83.62(2), Fla. Stat. provides: "[When and after] ... the sheriff executes the writ ..., the landlord ... may remove any personal property found on the premises to or near the property line." Also, "Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. ..." and it shields the Sheriff and Landlord from liability for damage to the property. 

 

Nonresidential. There is no statute that I can find, or any case law. However:

1.  The Landlord can't just trash the personal property or dump it at the property line unless the lease explicitly allows it.

2.  It seems reasonable to allow the tenant to return and remove the personal property;

3.  Certainly the procedures contemplated by Sec. 715.10 ... provide a safe, albeit time-consuming way to get rid of the stuff.

 

Other Choices for NonResidential? 

One of my clients ignored our advice, dumped a big load of used computer parts ultimately paid his former tenant $25,000 to settle the tenant's $300,000 conversion action. Another client took our advice, allowed us to implement Ch. 715, got sued for a quarter-million anyway, and forced the Plaintiff to drop the action. 

Does anyone know of any other choices that might work quickly but still keep the Landlord from getting sued for conversion.

 

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
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