[RPPTL LandTen] Probate attorney/dead tenant

[Greg Hass]

Harry, I could be wrong but I don't understand how the lack of the legend prevents the LL from relying on 83.59(3)(d) to retake possession.  Nor do I see how it impacts the LL's ability to rely on 83.67 (5) to remove the personal property.  As I understand it, the lack of the legend merely results in the LL having to comply with 715.104 once he removes the personal property.

Greg

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, January 16, 2012 11:01 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Probate attorney/dead tenant

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<mailto: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<mailto: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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