[RPPTL LandTen] Entering apartment for a will or clothes for funeral

Wed Mar 30 06:58:37 PDT 2016

Hi Roland.

I don’t see this in the statute:

” If the landlord wanted to comply with the statute, he could post the 3 day notice and after 15 days enter the unit and  store whatever belonging there are until an estate is opened”

The statute regarding possession or abandonment is governed by 83.67 and 83.59

We can’t even get possession of the unit until 60 days elapse.

Harry

(c)  When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or 

(d)  When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended. 

“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”

LAW OFFICES OF 
HEIST, WEISSE, & 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

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Wednesday, March 30, 2016 8:06 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Entering apartment for a will or clothes for funeral

There is no such thing.  As an order to allow entry.  Although it is not practical in most circumstance, the Landlord should require the letters be issued to the personal representative who is charged with securing the  property of the decedent.  

As a practical matter, the landlord does not want to wait to see if an estate is open and letters issued, which does not happen many times and is appreciative of a relative to clear out the unit.

If the landlord wanted to comply with the statute, he could post the 3 day notice and after 15 days enter the unit and  store whatever belonging there are until an estate is opened.

Thank You,

Roland "Chip" Waller, Esquire

Waller & Mitchell

5332 Main Street

New Port Richey, FL 34652

Office: 727-847-2288 / Fax: 727-848-4183

Roland.Waller at rdwaller.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, March 29, 2016 4:17 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Entering apartment for a will or clothes for funeral

Does anyone handle probate issues as they relate to ll/ten?

When a tenant dies, generally we advise to never allow access.

Is there any kind of “order to allow entry” or any fast track emergency probate method for a relative to get in and find a will or get clothing for a funeral?  I thought I saw one once but can’t find it anywhere.

The dangers of allowing access to relatives are so high as they grab anything of value and take off never to be heard from again.

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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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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