[RPPTL Leasing Committee] Eviction Writ remove of personal property

Fri Feb 7 07:48:45 PST 2025

Thanks Alberto, McCready case is very helpful.

I'll have look for something similar in the 4th DCA

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Licensed in FL & TX
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office:  (561) 413-4449
Cell:     (561) 281-2744
Fax:     (888) 316-2881
Email: CSABOL at SABOLLAW.COM<mailto:CSABOL at SABOLLAW.COM>

BEWARE OF CYBER-CRIME:  IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> on behalf of Alberto Cardet <alcardet at gmail.com>
Sent: Friday, February 7, 2025 10:22 AM
To: RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL Leasing Committee] Eviction Writ remove of personal property

I am attaching the caselaw I have in my research folder, it has not been sheperdized or updated recently.  It is my understanding that once the sheriff executes and the personal belongings are placed on the curb the landlord does not have any liability.

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Fri, Feb 7, 2025 at 9:58 AM csabol sabollaw.com<http://sabollaw.com> <csabol at sabollaw.com<mailto:csabol at sabollaw.com>> wrote:
Hi All,

Does anybody have any case law citations surrounding the circumstances of a landlord's removal of tenant property after execution of the Writ of Possession.  I know the statute is clear, but I have a Judge claiming my client is responsible for the value of the property removed after execution of a Writ.  Looking for any case law on this topic.

As a side note, wondering if there's any case law that states whether a Landlord must remove it immediately or if they do it at their convenience.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Licensed in FL & TX
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office:  (561) 413-4449
Cell:     (561) 281-2744
Fax:     (888) 316-2881
Email: CSABOL at SABOLLAW.COM<mailto:CSABOL at SABOLLAW.COM>

BEWARE OF CYBER-CRIME:  IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
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