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    Question Temporary Roommate Moved Out Without Proper Notice, Left Property Behind

    My question involves landlord-tenant law in the State of: Florida

    My husband and I allowed our ex-brother in law to move in with us after he and his wife split up. We had a verbal agreement that he was to pay us $300 a month for rent and utilities and $100 a month for Groceries. He was also informed (and agreed to) that if he was to move out he needed to give us a 30 day notice otherwise he would owe us for his final month. He stayed here for 3 months, we did collect his $300 a month but the most he paid for groceries was $35 total. We sat down with him and explained that it cannot continue that way, he then informed us he was moving out in a week to live with his new girlfriend. We told him that he agreed to pay us the final month if it was less than a 30 day notice. He said he would pay us and that he would not forget about us. When he moved out he left his riding lawn mower and air compressor in my garage. He knows that they are here. It has now been 45 days since he has left and he still has not paid us but I have multiple emails and texts stating that he will pay us. He has not made contact with us at all in the last 20 days. How long do I wait before I can sell his stuff to get it out of my garage and collect the money that he owes me? If it is on my property and he has not made contact about it or paying me is that considered abandonment? I know when you live in any other rental facility when you move out and do not take your things with you they can throw them out or sell them. Can't that be the same in this situation?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: A Temp Roommate Moved Out W/O Proper Notice, Payments and Left Items Behind

    I know when you live in any other rental facility when you move out and do not take your things with you they can throw them out or sell them. Can't that be the same in this situation?
    there are few hoops to jump through before you can do anything with the property. If you fail to jump through those hoops, you cannot absolve yourself of the liability to the owner of the property for the value of the property.

    Notification of former tenant of personal property remaining on premises after tenancy has terminated:
    (1) When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, through eviction or otherwise, the landlord shall give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property.
    (2) The notice shall describe the property in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by s. 715.11 does not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. The notice shall advise the person to be notified that reasonable costs of storage may be charged before the property is returned, and the notice shall state where the property may be claimed and the date before which the claim must be made. The date specified in the notice shall be a date not fewer than 10 days after the notice is personally delivered or, if mailed, not fewer than 15 days after the notice is deposited in the mail.
    (3) The notice shall be personally delivered or sent by first-class mail, postage prepaid, to the person to be notified at her or his last known address and, if there is reason to believe that the notice sent to that address will not be received by that person, also delivered or sent to such other address, if any, known to the landlord where such person may reasonably be expected to receive the notice. Title XL, Ch. 715, Sec. 715.104

    Form of notice to former tenant:
    (1) A notice to the former tenant which is in substantially the following form satisfies the requirements of s. 715.104:
    Notice of Right to Reclaim Abandoned Property
    To: (Name of former tenant)
    (Address of former tenant)

    When you vacated the premises at (address of premises, including room or apartment number, if any) , the following personal property remained: (insert description of personal
    property) .

    You may claim this property at (address where property may be claimed) .
    Unless you pay the reasonable costs of storage and advertising, if any, for all the above-described property and take possession of the property which you claim, not later than (insert date not fewer than 10 days after notice is personally delivered or, if mailed, not fewer than 15 days after notice is deposited in the mail), this property may be disposed of pursuant to s. 715.109.
    (Insert here the statement required by subsection (2))
    Dated:_____
    (Signature of landlord)
    (Type or print name of landlord)
    (Telephone number)
    (Address)
    (2) The notice set forth in subsection (1) shall also contain one of the following statements:
    (a) "If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money."
    (b) "Because this property is believed to be worth less than $250, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above." Title XL, Ch. 715, Sec. 715.105

    Form of notice to owner other than former tenant:
    (1) A notice which is in substantially the following form given to a person who is not the former tenant and whom the landlord reasonably believes to be the owner of any of the abandoned personal property satisfies the requirements of s. 715.104:
    Notice of Right to Reclaim Abandoned Property

    To: (Name)
    (Address)

    When (name of former tenant) vacated the premises at (address of premises, including room or apartment number, if any), the following personal property remained: (insert description of personal property) .
    If you own any of this property, you may claim it at (address where property may be claimed). Unless you pay the reasonable costs of storage and advertising, if any, and take possession of the property to which you are entitled, not later than (insert date not fewer than 10 days after notice is personally delivered or, if mailed, not fewer than 15 days after notice is deposited in the mail), this property may be disposed of pursuant to s. 715.109.
    (Insert here the statement required by subsection (2))
    Dated:_____
    (Signature of landlord)
    (Type or print name of landlord)
    (Telephone number)
    (Address)
    (2) The notice set forth in subsection (1) shall also contain one of the following statements:
    (a) "If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money."
    (b) "Because this property is believed to be worth less than $250, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above." Title XL, Ch. 715, Sec. 715.106
    715.109

    Sale or disposition of abandoned property:
    (1) If the personal property described in the notice is not released pursuant to s. 715.108, it shall be sold at public sale by competitive bidding. However, if the landlord reasonably believes that the total resale value of the property not released is less than $250, she or he may retain such property for her or his own use or dispose of it in any manner she or he chooses. Nothing in this section shall be construed to preclude the landlord or tenant from bidding on the property at the public sale. The successful bidder's title is subject to ownership rights, liens, and security interests which have priority by law.
    (2) Notice of the time and place of the public sale shall be given by an advertisement of the sale published once a week for two consecutive weeks in a newspaper of general circulation where the sale is to be held. The sale must be held at the nearest suitable place to that where the personal property is held or stored. The advertisement must include a description of the goods, the name of the former tenant, and the time and place of the sale. The sale must take place at least 10 days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least 10 days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale. The last publication shall be at least 5 days before the sale is to be held. Notice of sale may be published before the last of the dates specified for taking possession of the property in any notice given pursuant to s. 715.104.
    (3) The notice of the sale shall describe the property to be sold in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by s. 715.11 does not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents.
    (4) After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale which is not claimed by the former tenant or an owner other than such tenant shall be paid into the treasury of the county in which the sale took place not later than 30 days after the date of sale. The former tenant or other owner or other person having interest in the funds may claim the balance within 1 year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays the balance or any part thereof to a claimant, neither the county nor any officer or employee thereof is liable to any other claimant as to the amount paid. Title XL, Ch. 715, Sec. 715.109

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