Legal Question in Civil Litigation in Florida
Unclaimed property
Hi. We leased a 55 gallon aquarium from a pet store owner. He did not maintain it, etc per our contract. We opted not to pay for the month of August until he did and he said he would come pick up the tank. It has been over a month and he won't pick the tank up. We have since bought our own tank and have no room for this one. How long do we have to keep it before we can consider it abandonded? Can we mail him a letter giving him a certain amount of time to retrieve it? Every time he says he will pick up the property, he never shows up and it is taking up space.
1 Answer from Attorneys
Re: Unclaimed property
Send the tank's owner a letter by fax, certified mail, return receipt requested, hand-delivery and regular first-class mail confirming your conversations with him that the tank has been ready to be picked up by him since a certain date (whatever that date may be), and that you anticipate that it will be picked up within ten days from the date of his receipt of your letter. If it's not picked up, have it delivered to the owner and get a receipt signed by owner acknowledging his receipt of the tank or store it until it is picked up. Do not sell it or discard it as it is not your property. Seek the advice of counsel and good luck.