[RPPTL LandTen] Probate attorney/dead tenant

[Harry Heist]

I am concerned because the 83.67 language below is not in the lease: 

 

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER,
ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH
OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES,
THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION
OF THE TENANT'S PERSONAL PROPERTY. 

 

I would love to be wrong on this.

 

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 <http://www.evict.com/>  
Email: harry at evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

 

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Monday, January 16, 2012 10:02 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Probate attorney - Miami

 

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

 

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 <http://www.evict.com/>  
Email: harry at evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

 

 

 

 

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