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

Thu Dec 1 05:54:09 PST 2011

Good morning, Leonard.  Here are the materials.  Thank you.

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Email:  ajhorky.law at gmail.com

This message and the documents attached to it, if any, are intended only for
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have created and notify me immediately at: ajhorky.law at gmail.com. 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, December 01, 2011 1:24 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Disposition of personal property remaining
incommercial premises post-execution of writ of possession

I would like a copy of the materials.

Leonard Cabral, Esq.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, November 29, 2011 4:51 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Disposition of personal property remaining
incommercial premises post-execution of writ of possession

Thanks, Brenda.  I can email anyone who wants the materials from that
seminar, although it focused on residential fact patterns.  Section 715.10,
et seq. is supposed to be an “optional procedure for the disposition of
personal property” but the statute does not indicate what the other
procedures might be.  After having a client/landlord get stuck with dozens
of 18-wheeler trailers and other large, locked storage containers on a lot,
I’ve methodically reviewed the Florida statutes on this issue and could find
no other alternative to Section 715.10, et. seq.  The lease in question did
not contain a provision for the disposition of the property.  We ran UCC
searches to identify lien holders in addition to notifying the tenant at its
last known address. Florida Statutes, Chapters 705 and 715, appear to be the
only laws on disposing of personal property.    If someone is aware of an
alternative, I’d love to know about it. Thanks.      

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Email:  ajhorky.law at gmail.com

This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product.  If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: ajhorky.law at gmail.com. 

-------------------------------------------------------

Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Drobner, David
S.
Sent: Tuesday, November 29, 2011 4:08 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Disposition of personal property remaining
incommercial premises post-execution of writ of possession

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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