Legal Question in Real Estate Law in Florida
What is considered to be abandoned?
I purchased the house in early November, 2001. The previous owner left some old furniture in the garage, which was supposed to be gone by the time I moved in. Then, I was told it was supposed to be picked up in a couple of days. The owner called me in late November and asked me if I could keep it for another couple of weeks until she picks it up. She also told me that the furniture was from her grandmother and had a lot of sentimental value and even if it was not monetary valuable, she did not want to give away. I said it would not be a problem. .
Well, it is now mid February 2002 and I have not still heard a word from her. I really need to use the garage and her furniture started really getting in my way. Since she expressed me that she was intending to come back and retrieve the furniture and also told me that the furniture was very important for her, I don�t know if I can consider those items to be �abandoned.� In what circumstance and after what period of time, can I consider these abandoned and do what I can do to get rid of?
3 Answers from Attorneys
Re: What is considered to be abandoned?
Send the seller a nicely-worded letter by fax and certified mail, return receipt requested, letting her know that she has until a certain date and time to pick up the furniture (2 weeks from the date she receives your notice is reasonable), and let her know how she can reach you to make the appropriate arrangements to have the items picked up and moved. Include in the letter all of your telephone numbers. Also include in the letter that if the furniture is not picked up by the due date, that you will make immediate arrangements to have the furniture donated to charity. Make reference in your letter to the fact that you have been storing the items for months and that you have already made several attempts to have the items picked up, but that the seller has repeatedly delayed the pick up and cancelled previous appointments to move the furniture. If the seller fails to respond, give me a call. Good luck.
Peter A. Gonzalez
Coral Gables, FL
305-445-0937
Re: What is considered to be abandoned?
You have your answer in the previous replies.
Re: What is considered to be abandoned?
You'll find the answer in Florida Statutes Chapter 715. Follow the prcedure...after you send that nice letter.
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