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disposing of personal property

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wlphill2

Guest
What is the name of your state? i live in florida. my wife and i let a women and her 2 children live with us for about 7 weeks, it started out only for 2 days, and on 25mar2004 there were some words exchanged and a verbal argument ensued which resulted in her and the children voluntarally leaving. During this process i had called for a sheriffs deputy and he came out to mediate. As i said before she left voluntarally . i then asked the deputy to ask her if she could remove all her property stored in our shed by saturday 27mar2004. he came back and said that she told him that she would have it removed before saturday. well saturday came and went and her stuff is still here. we don't know where she is living at now to call and talk to her. my question is how long do we have to store her belongings and how do we go about disposing of it legally. we don't want to get in trouble for disposing of it yet we are not a storage place either. she was told it could only stay in the shed for 2 days and we had been on her frequently to get a storage space to put it in. any advice would be greatly appreciated!
 


I AM ALWAYS LIABLE

Senior Member
wlphill2 said:
What is the name of your state? i live in florida. my wife and i let a women and her 2 children live with us for about 7 weeks, it started out only for 2 days, and on 25mar2004 there were some words exchanged and a verbal argument ensued which resulted in her and the children voluntarally leaving. During this process i had called for a sheriffs deputy and he came out to mediate. As i said before she left voluntarally . i then asked the deputy to ask her if she could remove all her property stored in our shed by saturday 27mar2004. he came back and said that she told him that she would have it removed before saturday. well saturday came and went and her stuff is still here. we don't know where she is living at now to call and talk to her. my question is how long do we have to store her belongings and how do we go about disposing of it legally. we don't want to get in trouble for disposing of it yet we are not a storage place either. she was told it could only stay in the shed for 2 days and we had been on her frequently to get a storage space to put it in. any advice would be greatly appreciated!


My response:

You were her landlord. As such, you need to comply with the Florida Statute and Notice requirements. Print, fill out, and tape the following to the shed - - also taking GOOD pictures of the same after you have it tacked up:

Section 3. Section 715.105, Florida Statutes, is amended to read:715.105 Form of notice to former tenant.—(1) A notice to the former tenant which is in substantially the followingform 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 roomor 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 noticeis personally delivered or, if mailed, not fewer than 15 days after notice isdeposited 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 afternotice of the sale has been given by publication. You have the right to bidon the property at this sale. After the property is sold and the costs ofstorage, advertising, and sale are deducted, the remaining money will bepaid over to the county. You may claim the remaining money at any timewithin 1 year after the county receives the money.”(b) “Because this property is believed to be worth less than $500 $250, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.”


Good luck.

IAAL
 
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wlphill2

Guest
thanks for your reply iaal, but i have one more question; we don't know where the woman moved to so is just posting that notice on our shed enough or do we have to try to track her down and send her a copy? once again thanks alot for your advice!
 

I AM ALWAYS LIABLE

Senior Member
wlphill2 said:
thanks for your reply iaal, but i have one more question; we don't know where the woman moved to so is just posting that notice on our shed enough or do we have to try to track her down and send her a copy? once again thanks alot for your advice!

My response:

Well, you can always advertise her name on the GoodYear Blimp!

The law does not require extraordinary, heroic, or expensive measures to locate someone who wants to be missing. Therefore, tacking the Notice on the shed is sufficient to offer, and give, "notice".

IAAL
 

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