The final writ has been issued. Thursday the sheriff will meet me at my townhose to evict the tenant. The tenant has had plenty of time to leave, but I guess she feels the need to be evicted. I need to clean out the place and get it ready to re-rent. The sheriff said I could put her stuff on the curb, but I don't know for sure.
You may remove the tenants property to the property line and you are not responsible for what happens to the property after that. The other attorney cited a statute that applies if the tenant does not move their items out and you don't move the personal items to the property line. The applicable statute is 83.62 which I have included below:
83.62â€ƒRestoration of possession to landlord.–
(1)â€ƒIn an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises.
(2)â€ƒAt the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord’s agent may remove any personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the landlord or the landlord’s agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed.
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Florida has a statute for that:
III. ABANDONMENT OF PERSONAL PROPERTY - AFTER TENANCY HAS BEEN TERMINATED (Florida Statute 715.104)
A. Notification of Former Tenant
1. Landlord shall give written notice to the Tenant and to any other person the Landlord reasonably believes to be the owner of the property.
2. Notice Form Requirements (Florida Statute 715.105)
a. Notice shall include:
(1) Name and last known address of former tenant;
(2) Address of premises, including apartment number;
(3) Description of the property in a manner reasonably adequate to permit the owner to identify it;
(4) Address where property may be claimed;
(5) The date before which the claim must be made (date specified shall be a date not fewer than 10 days after the notice is personally delivered or, if mailed, not fewer than 15 days after the notice is deposited in the mail);
(6) Advice to the person to be notified that reasonable costs of storage may be charged before the property is returned;
(7) One of the following statements, depending on the value of the property:
(a) Over $250.00. "If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been published. You have the right to bid on the property at this sale. After the property is sold, and the cost of storage, advertising, and sale are deducted, the remaining money will be paid over to the County. You may claim the remaining money at any time within one year after the County receives the money." OR
(b) Under $250.00. "Because the property is believed to be worth less than $250.00, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above."
Recommend you chat with a FL attorney before you take any steps that might open you to liability.
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Previous counsel cited statutes pretty much cover it. The only thing I would add is that you take pictures, give ample notice, and mitigate any loss or damage to the tenants property as much as possible. This may reduce replevin and ancillary claims by a tenant.