[RPPTL LandTen] Landlord's statutory lien for rent (s. 83.08) - civil and criminal liability for removal of property?

Tue Feb 4 08:43:24 PST 2014

Agreed.  The lien would have to be levied upon for the property to be other than tenant’s.

Gregory R. Haney | Shumaker
Attorney at Law | Board Certified in Real Estate Law
Bank of America Plaza
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Suite 2800 | Tampa, FL  33602
Direct 813.227.2277 | Fax 813.229.1660
ghaney at slk-law.com | bio<http://www.slk-law.com/Lawyers/Gregory-Scott-R-Haney> | LinkedIn<http://www.linkedin.com/in/gregoryhaney>

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Tuesday, February 04, 2014 11:34 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Landlord's statutory lien for rent (s. 83.08) - civil and criminal liability for removal of property?

I would think that the property is still owned by the Tenant until the Landlord obtains and executes a writ of execution. While there may be a lien, it does not at that point belong to the landlord.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, February 04, 2014 11:04 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Landlord's statutory lien for rent (s. 83.08) - civil and criminal liability for removal of property?

Members:  I am looking for any opinion on the following issue:

Under Florida law, whether a commercial tenant, after an eviction action has been instituted, who removes personal property from the premises when rent is past due, can be found civilly or criminally liable for conversion or civil theft?

Thank you.

Regards,

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Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

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www.horkylaw.com<http://www.horkylaw.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: ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>.
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