[RPPTL LandTen] 83.08 Lien

Tue Mar 15 10:11:03 PDT 2016

I am sorry I didn’t see this more timely.
First is to make sure that a third party doesn’t own any of the property, and for UCC liens, as you always have to deal with the third party first.

How risk averse is your client?
My clients make a few different choices in this situation.  
Sometimes, they just relet with recognition of potential consequences, which are usually nothing.  They understand they can get sued for damages, but for the most part the rent owed exceeds the value of the property.   Before the tenant sues, it generally will make a demand and we deal with the tenant that way.
Sometimes, they send an abandoned property letter (not that they go through with a sale, but can often get a walk-thru appraisal showing that the equipment is worth next to nothing in its condition).  
Sometimes they send the tenant a letter saying that the tenant will get a credit, in the value of the property, against what the tenant owes.  

Fifteen years ago I did more distress writs, but usually my landlord clients understand the risks and consider them a cost of doing business, without the hassles of distraining property.

A few years ago Batmasian/Investments took my client’s laundry/dry cleaning machinery, worth multiples of what was owed.  We sued and then settled for half, because my client couldn’t afford the litigation, and they were prepared to wait us out.

Hope this helps.

Lainie J. Simon, Esq. 
185 NW Spanish River Boulevard 
Suite 220 
Boca Raton, FL  33431 
561.445.1361 
561.997.6224(fax) 

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On Mar 11, 2016, at 12:33 PM, Todd Allen <todd at lindsayallenlaw.com> wrote:

Do people usually file a lien foreclosure count in their complaint for eviction/damages?  Client is the landlord for a restaurant tenant.  Tenant left the equipment and landlord wants to rent the space out with the equipment in place.  Tenant failed to deposit money into the registry pursuant to a court order, so he’s waived defenses.  I would just like to avoid having to amend the complaint to include a lien foreclosure count it I can.

Thanks
Todd B. Allen, Esq.  |  Attorney
[Office]	239.593.7900
[Fax]	239.593.7909
www.lindsayallenlaw.com <http://www.lindsayallenlaw.com/>
13180 Livingston Road, Ste. 206
Naples, FL 34109
 <http://www.lindsayallenlaw.com/>

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