[RPPTL LandTen] Probate attorney - Miami

[Greg Hass]

Harry,

I don't understand the need to evict the estate of the dead tenant.  Is there anything to prevent the LL from just retaking possession of the unit under 83.59 (3)(d)?  Is it a federally administered housing program exception?

Also, as far as the deceased T's personal property, are you reading 715.104 (1) where it requires the LL to "give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property" as including an affirmative duty of the part of the LL to open a probate estate on behalf of the deceased T so you can have a PR appointed to send the notice to?  Isn't that overkill (pun intended) or is that what's required in your experience?

Thanks,
Greg



From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, January 13, 2012 4:09 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Probate attorney - Miami

Hi All,

I have a client who needs to get an estate opened of a dead tenant and a PR appointed by the court so they can evict the estate of a dead tenant. There is a load of personal property in the unit.   They do not have the proper 83.67 wording in their lease so they can't just wait the 60 days from death date and toss the stuff. It should be simple as no relatives exist or if they do, they have no interest in getting an estate opened.

Any recommendations? The property is in Miami.

Harry Heist

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