Legal Question in Real Estate Law in Florida
Abandonment Laws
An acquaintance asked to park his 16' boat on our dock until his regular docking area was repaired, which was about 2 weeks later. That was a little over two months ago, and the owner of the boat has not even stopped by to check on his boat or even lock it up for security. We also had a signed contract with him to rent one of our properties. He lived there for a month and did not pay totally. He owes us $275. First question: what are our rights for his "abandoned" property (boat)? Can we use it as collateral until he pays us what is due for rent and utilities ($275.00)? Can we legally move boat to storage to get off our property and charge him storage?
1 Answer from Attorneys
Lien for Storage/ Disposition of Abandoned Prop.
Facts: Acquaintance asked to park 16' boat on our dock until his regular docking area was repaired about 2 weeks later. That was over two months ago; boat owner has not stopped by to check boat or even lock it up for security. We also had a signed contract with him to rent one of our properties. He lived there for a month and did not pay totally. He owes us $275.
Q. What are our rights for his "abandoned" property (boat)? Can we use it as collateral until he pays us what is due for rent and utilities ($275.00)? Can we legally move boat to storage to get off our property and charge him storage?
A. You must give him prior notice before you have the right to dispose of or get a lien on his property. Read Chap. 715.10 F.S.A. re Disposition of Personal Prop. and comply. As to your unrelated lien, legally you must give him notice with a chance to respond; practically, it would be quicker and cheaper if he pays you rather than going to court to get his boat back.
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