Legal Question in Real Estate Law in Florida
My parents, sister and I live in Florida.
My parents rented their house in Massachusetts to my daughter approx. 4 years ago.My daughter joined the air force last year and continued to maintain and pay money owed for the house rental. She still has the electric bill in her name. My sister flew up to Mass. on Nov. 3, packed everything, threw out my couch (that had
been loaned to my daughter) and hired movers to bring everything to Florida. The contents of the house had items that belonged to everyone (parents, sister, and me). MY sister returned on Nov. 16 and told my mom what she had done. I was not
told until Nov 21 and at this time my mom was told that she needed to pay $3000 cash for the move. I was told Nov 23 that the movers would be delivering my daughters and my stuff on Dec 7 (maybe) to my house. I don't have room for my daughters items and I was never given a choice about anything. This has all been a total shock. My sister has refused to identify the moving company or provide an invoice from the movers. My daughter was never directly informed that she had to be out of the house. I had a conversation with my parents since I was the one that would be moving out her and my belongings and the beginning of next year was fine to do so.
Do I need to file anything in Mass. or can everything be handled in Florida. I was told the moving company had the items in Florida as of Nov 21. My sister is having the moving company deliver to her house first. I do not trust her at all and do not know what she will have packed claiming it's hers. Once it is in her place I won't be able to get anything back. What do I need to file to get the moving information and the delivery location changed and can I file any charges against my sister. Any help would be appreciated. Thanks.
1 Answer from Attorneys
Something is missing from this tale. Your parents said moving after the first was okay but your sister went into their house and moved everything anyways? With whose permission? Is she their guardian? If not, she was not entitled to do that. You could file grand theft charges in Massachusetts against her but if she cleared out the house because your Mom and Dad wanted her to, then there is no case.
You could send her a demand for all the items to be returned to you. You need to have a list of the items you believe were taken. In the letter include the list and what you believe the present value of the items is. Send the demand by certified mail. If you do not have a response in 30 days, and you believe the items are here in Florida, you can bring a replevin and possible a civil theft lawsuit in the State of Florida.
If you have any relationship with your sister, try to work out the disagreement with her before you throw around legal terms and threats. And find out from your parents if they gave her permission or was she going rogue. You don't want to accuse your sister when its your parents that you really have a beef with.
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