January 29, 2010
Need Florida Possession Laws on Abandoned Property (not Real Estate)?
key2e asked:
I kicked out my uncle about 2 mths ago because he owed me rent and refused to pay. He left behind his 1 year old $1,500 pool table. I said he could not have it back until he paid me what was due. He is now trying to find a way to get it back without paying. Can he do this? Is there something to protect my interests? Also can he legally have someone come to my home to remove it? Any websites explaining laws in laymens terms will be appreciated.
he actually left without me having to evict him, and also there was nothing written or proven that he actually lived here, no lease, no mail comming in. does this make a difference?
I kicked out my uncle about 2 mths ago because he owed me rent and refused to pay. He left behind his 1 year old $1,500 pool table. I said he could not have it back until he paid me what was due. He is now trying to find a way to get it back without paying. Can he do this? Is there something to protect my interests? Also can he legally have someone come to my home to remove it? Any websites explaining laws in laymens terms will be appreciated.
he actually left without me having to evict him, and also there was nothing written or proven that he actually lived here, no lease, no mail comming in. does this make a difference?
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Filed under Law & Ethics by on Jan 29th, 2010. Comment. 
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Comments on Need Florida Possession Laws on Abandoned Property (not Real Estate)?
If you evicted him, you were probably required by law to give him enough notice to move out his belongings unless he was severely delinquent. It’s entirely possible that you could be brought up on charges of theft for impounding his personal property without proper due notice.
The best recourse you have now is to check Florida’s Landlord-Tenant Act since that will likely govern any recourse he has and the likely outcome should be spelled out. There is probably a process in there that you should have followed before evicting him but if I recall, you are in no way entitled to any of his property. He has not abandoned it, yes he is entitled to remove it, and you are probably legally bound to let him schedule a time to remove his property within bounds of reason.
I say probably (1) because IANAL and (2) I am not 100% familiar with Florida’s LTA, but I recall it looking similar to Viginia’s, which has clauses like these in it. Link to the Florida LTA below.
I know in advance that you’re looking for knowledgable advice for your particular situation – something very difinitive – and here I am not doing that. Your best bet is some inexpensive legal consultation, not hiring at attorney, but just short consultation.
And I’m going to take a stab at saying that I don’t believe the law will support your desire to withhold his pool table in exchange for the unpaid debt. You should take him to small claims court. The two events are separate.
I’ll try (just because I’m interested) research more later, because you can probably find what you’re looking for on the internet by researching Florida law on landlords and tenants, since the same thing happens with them. Landlords want to hold on to property in lieu of rent due, and you can expect to find some Florida legal references on the internet I’m sure. Cheaper than an attorney too, in the sense that youre just looking right now for a little practical guidance.