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Tenant got evicted, lock is changed, what do i do with tenant belongings? do i throw them in garbages? store him or sell them ?

Hollywood, FL |

how about the tenant belongings, what happen to them? do i have to babysit his stuff until he or she wants to come back to pick them up. therefore unable to rent the premise to someone else or pay out of my own pocket Uhaul fee to rent a truck and take them to the storage? do i sell his or her stuff to collect the rent since i have a writ of possession?

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Attorney answers 3

Posted

Contact a local attorney, some jurisdictions allow the landlord in your possession to have a lien on the property, I am not sure about Florida. Even if the lien is allowed, you may have to jump through a hoop or two to sell them.

Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.

Posted

Putting a lien on the items is usually not worth your time or money. Put the stuff on the curb now. If it is still there 24 hours later, then throw away. make sure you are in compliance with the neighborhood / community rules so you don't get cited for garbage on the curb. Since a writ of possession was issued, you have no liability for the stuff left behind.

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

Florida Statutes 83.61 states that the landlord will not have liability for the Tenant's belongings if he gains possession via an executed Writ of Possession. Link: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.62.html

Posted

The disposition of the tenant’s personal property is governed by Chapter 715, Florida Statutes; specifically, sections 715.04-715.111. These sections provide comprehensive rules for notification to the former tenant or other owner of such personal property, based on the value of the personal property left behind, as well as the release, storage, sale and other disposition of such personal property. Alternatively, section 83.67(5), Florida Statutes provides:

If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the tenant, the landlord is not required to comply with s. 715.104 and is not liable or responsible for storage or disposition of the tenant’s personal property; if provided in the rental agreement, there must be printed or clearly stamped on such rental agreement a legend in substantially the following form:

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.

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

This is true IF the landlord received possession due to surrender, abandonment, or recovery via death of the tenant. However, the asker stated that he received the property via an executed Writ of Possession.

Gregg Harrison Glickstein

Gregg Harrison Glickstein

Posted

If the landlord was placed in possession through execution of a writ of possession and if the landlord places the tenant’s personal property at or near the property line in connection the execution of the writ of possession, as provided in section 83.62(2) Florida Statutes, then the landlord is not responsible for the loss, destruction, or damage to the property after it has been removed from the premises. However, that section does not provide for the disposition of the personal property lawfully removed from the premises. However, subject to section 83.67(5), section 715.104, Florida Statutes, by its terms, applies “[w]hen personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, through eviction or otherwise....”

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

Okay, I understand the distinction now. Thank you.