Legal Question in Real Estate Law in Florida

Responsibility for property after a forced eviction via writ of possession.

I completed a long process of eviction for non-payment of rent (a binding rental lease was broken)in Duval County, Fl. My question: what are my responsibilites concerning the property (garments, appliances, vehicle [in garage]). I've been told that I can remove/store the property and sell it after 2 public advertisings to recoupe my financial losses. Option 2 is just to place the property in the street for trash pick-up. I've no problem with that except there is alot of furniture and the 96 Camero has a lien. What about the vehicle lien and my options? Also, 1 of the 2 renters is on felony probation. I'm concerned about a violent action from them towards my family and property.


Asked on 2/15/98, 12:35 pm

2 Answers from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Responsibility for property after a forced eviction -Fla. Law

What are a landlord's responsibilites concerning the former tenants' property?

Fla. has adopted a law addressing this problem. You have to send notice to the former tenants. The type of notice depends on the value of the property. I beleve the break point is $250.00 If under, you can notify the after a certain date you are going to dispose of the property; if over, you have to have a sale and after costs, pay over the balance.Write to the Fla. Sect. of State in Tally. for a copy or go to the Library to see if they have a copy.As to the felon tenant, follow the law but don't be nasty.

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.

By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!

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Answered on 2/22/98, 11:05 am
Randall Reder Randall O. Reder, P.A.

Responsibilities for property

Be very careful when dealing with other people'sproperty. I've represented a couple of landlordswho did not follow the proper procedures. Onegot a judgment entered against them for over$5,000 for conversion, the other even got arrested.

There are two basic choices. The first is tocomplete the eviction process. Obtain a writof possession and have the sheriff serve it. Afterit is served the sheriff will come out and allowyou to remove the property out on to the street.Do not keep anything yourself.

The other method is to follow the proceduresfor dealing with abandoned property found inChapters 83 and 255. I strongly suggest you have an attorney advise you about the particularfacts of your situation.

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Answered on 2/22/98, 3:33 pm


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