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Evictions: Abandonment claims on personal property

Evictions: Abandonment claims on personal property

  • Posted: Oct 08, 2015
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State Statutes for Evictions
Personal property abandonment claims on personal property.

 

Chapter 715 PROPERTY: GENERAL PROVISIONS
715.104 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.

NATIONALEVICTIONS.COM – HELPING LANDLORDS AND PROPERTY MANAGERS WITH EVICTIONS

Whether you are a Landlord or Tenant,  find information for Filing or Defending an Eviction in your State.

Informative articles, forms, Learn about the Eviction Process then Search our Directories to find Law Firms, Filing Companies, Process Servers ready to help you file an eviction or service of the court documents. Tenants can learn how to answer and defend if they are served with an eviction

715.105 Form of notice concerning abandoned property 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 $500, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.”

 

715.106 Form of notice concerning abandoned property 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 $500, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.”

 

715.107 Storage of abandoned property.—

The personal property described in the notice either shall be left on the vacated premises or be stored by the landlord in a place of safekeeping until the landlord either releases the property pursuant to s. 715.108 or disposes of the property pursuant to s. 715.109. The landlord shall exercise reasonable care in storing the property, but she or he is not liable to the tenant or any other owner for any loss unless caused by the landlord’s deliberate or negligent act.

715.108 Release of personal property.—

(1) The personal property described in the notice shall be released by the landlord to the former tenant or, at the landlord’s option, to any person reasonably believed by the landlord to be its owner, if such tenant or other person pays the reasonable costs of storage and advertising and takes possession of the property not later than the date specified in the notice for taking possession.
(2) Where personal property is not released pursuant to subsection (1) and the notice has stated that the personal property will be sold at a public sale, the landlord shall release the personal property to the former tenant if she or he claims it prior to the time it is sold and pays the reasonable costs of storage, advertising, and sale incurred prior to the time the property is withdrawn from sale.

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 $500, 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.

 

715.111 Assessing costs of storage.—
(1) Costs of storage for which payment may be required under ss. 715.10-715.111 shall be assessed in the following manner:
(a) When a former tenant claims property pursuant to s. 715.108, she or he may be required to pay the reasonable costs of storage for all the personal property remaining on the premises at the termination of the tenancy, which costs are unpaid at the time the claim is made.
(b) When an owner other than the former tenant claims property pursuant to s. 715.108, she or he may be required to pay the reasonable costs of storage for only the property in which she or he claims an interest.
(2) In determining the costs to be assessed under subsection (1), the landlord may not charge more than one person for the same costs.
(3) If the landlord stores the personal property on the premises, the costs of storage shall be the fair rental value of the space reasonably required for such storage for the term of the storage.
History.—s. 11, ch. 83-151; s. 846, ch. 97-102.

 

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Associations Right to Evict

Associations Right to Evict

  • Posted: Jul 12, 2015
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Associations Right to Evict

Associations Right to Evict . .

Associations can evict Tenants of property owners. In response to the unreasonable amount of property owners who are renting out their properties and collecting rents but have unpaid Association dues or assessments, the Florida legislature changed added a new weapon for Associations. For Condominium Associations, its Sec. 718.116, Florida Statutes, and for Homeowners Associations, its Sec. 720.3085, Florida Statutes, which allow for the evictions of tenants directly by Associations.

 

When Can Associations Evict Tenants?

A unit owner owes a duty to pay assessments and dues to the Association. If a unit owner has unpaid assessments, dues, or owes any other sums to the Association, the Association can perform an eviction of the tenant as if the Association was the landlord of the tenant.

What Are the Conditions to the Association Evicting a Tenant?

The Association must first send a Notice to the unit owner and tenant, informing them that future rents must be paid to the Association until all unpaid sums due the Association are paid.

 

Is There Specific Language for the Notice?

The Notice to be sent to the unit owner and tenant should state, in materially the following form, as follows:

 

For Condominium Associations:

Pursuant to section 718.116(11), Florida Statutes, the association demands that you pay your rent directly to the condominium association and continue doing so until the association notifies you otherwise.

Payment due the condominium association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to …(full address)…, payable to …(name)…

Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.

Pursuant to section 718.116(11), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord for all amounts timely paid to the association.

 

For Homeowners Associations:

Pursuant to section 720.3085(8), Florida Statutes, we demand that you make your rent payments directly to the homeowners’ association and continue doing so until the association notifies you otherwise.

Payment due the homeowners’ association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address), payable to (name) .

Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.

Pursuant to section 720.3085(8), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord.

 

 

Can the Unit Owner Evict the Tenant if they Pay Rent to the Association?

Under Florida law, the unit owner complying with the Notice requiring the tenant to pay the rent to the Association is precluded from evicting the tenant for alleged failure to pay the rent to the Association.

THE LANDLORD’S LIEN

– LANDLORD IS SEEKING MONEY FOR UNPAID RENT

The following procedure can be used when the tenant(s) is evicted and Removed by the Sheriff, but leaves personal property in the rental property and the Landlord wants to sell the personal property to satisfy money owed for accrued rent. Note that the best procedure is to allow the Sheriff to perform the Removal even if the Landlord knows that the tenant(s) has vacated or abandoned the rental property. The lease agreement must be consulted to ensure there are no provisions therein which contradict the procedures allowed a Landlord as to asserting and enforcing a Landlord’s Lien. The process involves filing a new lawsuit against the tenant(s) which includes a count for foreclosure of a Landlord’s Lien. It is commenced after the eviction is concluded, including the Sheriff’s Removal. The starting point is for the Landlord to determine that there is personal property in the rental property after the tenant(s) is evicted. Also, the Landlord does not have a lien on property that is not the tenant(s). The Landlord’s Lien Foreclosure Action is a separate lawsuit, and general rules of court apply. However, the Landlord is allowed expedited proceedings, meaning the Court must move the case along quickly to conclusion, and only the 5 day summons, such as in evictions, is used. However, generally, the evicted tenant(s) must be personally served by a process server with the Landlord’s Lien Foreclosure Action and Summons, as compared to an eviction where the process server can post the notice on the door. Thus, an address to the evicted tenant(s), such as a new residence or work, has to be determined. The conclusion of the case allows the Sheriff to hold a public sale wherein the evicted tenant(s)’ personal property is sold. The Sheriff takes a small fee for the services it provides, and the remainder, up to the amount owed the Landlord for unpaid accrued rent and the Landlord’s attorney’s fees as well as costs, are given to the Landlord.

 

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23 Totally Awesome upgrades for Managers | SFPMA

23 Totally Awesome upgrades for Managers | SFPMA

  • Posted: Jul 12, 2015
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23 Totally Awesome upgrades for Landlords

 

1. Never Forget a Paint Color Again

This hack comes from my good friend, who suggests writing the exact paint color/brand used for every rental lease agreement. This way, you will always know what paint was used when the tenant moves out and the property needs touching up!

In a related tip (and something I also do,) use the same color paint in all your units. No need to remember what color each place is painted that way, and no partial gallons of leftover paint sitting around – it just gets used on the next rehab.  I also use the same color on both walls and ceilings, which allows the painter to “spray” the entire unit rather than roll, cutting down the costs significantly (tip: choose a very light color if you are going to do this. No one likes a dark ceiling!)

2. Save Money on Mini-Blinds

We like to make sure all units have clean, white mini-blinds in every window. When buying those miniblinds at Walmart or Home Depot, they typically cost around $4 for blind up to 36″ in width and $20 for blinds that are wider than 36″. Rather than spending $20.00 on each window for blinds, we simply use 2 blinds, side by side. Not only does this still look great for half the cost, it also makes it cheaper to replace just one side in the future if a blind gets damaged.

3. Forget the Mini-blinds Altogether

While I love using mini-blinds, they do get destroyed easily by kids and pets, plus they are a nightmare to clean.  – Put up a 99-cent curtain rod and some cheap curtains from Goodwill or eBay (like $4). This way, there are multiple benefits:

  • Cheaper than the $8 mini-blinds for every window.
  • Makes the place look nicer and more of a home feel.
  • When the tenant departs they can be washed and rehung – no more throwing away damaged miniblinds that wind up in a landfill.  Then you don’t have to buy more mini-blinds either. Better for the environment and saves money on turnover.

4. Easy, Low Cost Carpet

I’ve tried a lot of different methods for getting carpet installed – from doing it myself to hiring contractors on Craigslist. However, for me, nothing has come close in terms of cost or convenience to just have Home Depot install it. In my area, Home Depot’s contractors will usually install a whole house of carpet for $37 (flat fee) if you buy the carpet through them. Carpet prices vary, but I typically spend under $1.00 per square foot for the carpet and choose the “72 hour guaranteed install” option. It is easy, simple, and cheap. Plus, I can order it, schedule it, and do 90% of the work online.

 

 

5. Angry Tenants+Hollow Doors=Easy Fix

Maybe I just live in an angry part of the world, but I have a real problem with holes getting punched in hollow-core bedroom doors. Maybe it makes them feel more powerful knowing they can punch through 1/16″ thick piece of cardboard.  However, I’ve discovered a great fix for this.  Rather than replacing (or trying to patch… which never works), just buy a $6 mirror at Wal-Mart or Home Depot (they are about 4 feet long and 12 inches wide, like this one) and screw it to the door. Not only does it hide the hole, it makes the hallway look larger and ads some decoration to a boring space!

Another similar suggestion: If you have a bad spot on the bottom half of your interior doors just go buy 2 cheap square metal vents (look like hvac return covers) and cut out the square almost the same size to fit one on each side of the door. It also helps airflow in the home.

6. Replace Flooring the Quick and Easy Way

If you have ugly vinyl flooring in a kitchen bathroom, or anywhere else, the demo can be expensive and messy. Instead, just install a floating vinyl right over the top!  My favorite flooring is called “Allure” made by TrafficMASTER and it comes in both a wood design and tile design. It works in the kitchen, bathrooms, or anywhere and anyone can install it in just hours. I can’t recommend this stuff enough!

I actually have actually begun to install it through entire homes, both for aesthetic reasons and because it lasts forever. This stuff can withstand kids, pets, spills, and anything your tenants throw at it.  It runs about $2 a square foot at Home Depot.

7. Appliances Looking Bad? Don’t Replace, Repaint!

I learned this trick from a local appliance repair company.  If you have a stove or refrigerator that is showing signs of age, usually with small rust stains shining through, a $5 can of “appliance paint” from the hardware store can make your appliances look as good as new. I always keep a can of this handy when turning over a unit and am continually amazed at how great it works!

8. No More Slippery Stair Treads

If your rental properties have wood steps, it is easy for those steps to get slippery after rain. For the safety of your tenants (and to reduce your risk of being sued!) nail down strips of roofing shingles on your stairs with roofing nails. Trust me – it actually looks great (no one will know it’s a shingle) and is extremely cost effective.

 

 

9. Appliance Sale!

Appliances go on sale at the big box stores around Christmas, Thanksgiving, Memorial Day, Labor Day, and the Fourth Of July, so take inventory each year of what you need and plan your purchases around those holidays. (The same is true for paint!)

10. Quick, Easy, Cheap Lock Changes

Several BiggerPockets members recommend using either KwikSet Smartkeys, which allow you to quickly change a lock in just minutes, which allow you to change the lock cylinder easily and for around $5 each time.

11. Use Apps to Simplify Your Life

Use those portable scanners that can quickly take receipts, leases, invoices, checks, etc and turn them into digital docs; Use tracking mileage apps, the flashlight app, and a Voip service — so voicemails can be delivered as files to your email inbox.

12. Save Your Cabinet Bottoms

“Put scrap vinyl flooring under the sinks and curl up behind the plumbing.  This way, if there’s a sink leak, it’s not ruining the bottom of the cabinet.  If the tenant has a cleaning supply spill, it’s not ruining the bottom of the cabinet. It also looks pretty nice too.”

13. Store Your Documents Online

“Use Google Docs so you can access your rental contracts at home or the office – easy and free!”

14. Protect Your Walls Above the Shower

“I like to put small vinyl door stoppers on the walls above bathtubs. They let tenants know exactly where to put their shower curtain rod, and they also protect the walls from repeated installations.”

15. Money Saving Tip for Agents

“If you’re a licensed agent buying a rental for yourself, you probably don’t want to take a commission.  Instead, you should consider rolling the commission into the purchase price as a credit/discount.  In other words, if you’re buying a property for $100K and are entitled to a $3K commission on the purchase, ask them to knock the purchase price down by $3K (to $97K) instead. Commissions are taxed at ordinary income and profits when you sell the rental are taxed at capital gains rates. So, you’ll save money on taxes by taking the profit on the back-end (when you sell) than on the front-end (as a commission). Two caveats:

  1. If your marginal tax bracket is lower than your capital gains rates, you can ignore everything above.
  2. If you plan to hold the rental forever, you’ll likely be able to earn more on the commission reinvestment than what you’ll save in taxes (time value of money). But, if you’ll be selling in fewer than 5 years, rolling it into the basis is probably a better investment.”

16. Easy Tenant Retention Ideas

several great tips for keeping your tenants happy and paying! She says:

  1. I send birthday cards to each tenant with a $5 Starbucks card
  2. I send a postcard to each ‘door’ once a quarter, asking them if there’s anything I can do for them.
  3. On a tenant’s one year anniversary, I give them an ‘upgrade’ of their choice, within reason. It’s usually something I would do when they move out anyway, I just get to do it with them there.

17. Keep Things The Same

“We use standard paint colors, the same tile, same faucets, same toilets, same door hardware, same shingles, same ceiling fans etc on all of our rentals. When we need to do repairs, touch-ups etc it is obvious what the specs are. Leftovers don’t get wasted, just stored until needed.”

18. Automatic Lease Extensions

Lease clause that renews leases for another 12 months with a built in rent increase. Lease clause allowing tenant to buy out lease at any time for a specific dollar amount (my dollar amount is about 2x rent).

19. How to Keep Cats Out of the Flower Beds

“If you have cats in the neighborhood who have discovered your planting beds as a good place for their deposits, lay down chicken wire mesh on top of the soil and cover it lightly with mulch.  It is the only deterrent that has worked for us.  Plants can still be planted by cutting a spot in the chicken wire mesh.  You or your tenants can also place potted plants on top of it.  The cats try scratching once, get their claws caught on the wire and won’t come back.”

20. Easy Lease Signing and Storage

“Use for lease signings and file them away in Dropbox.”

21. No More Broken Water Heaters

“When you buy a property, if water heater is more than 2 yrs old then just go ahead and replace with a new one, sell the old one on Craigslist and you don’t get the 2 am call that unit is flooding!”

22. No More Broken Cabinet Drawers

Take out and flip over your kitchen drawers (bottom of the drawer facing upward). Take liquid nails or adhesive spray and apply the adhesive to all four inner creases where the drawers meet.  This will make the drawer stronger and should not break for years to come.

23. Brighter Units

If you want your rental appear brighter and more appealing to renters.  Replace all the light bulbs in the home with the clear light bulbs that are usually meant for bathrooms. Renters will subconsciously remember your unit over the rentals that had poor light due to a cheap 40 watt bulbs.

24…  ?

Alright, now it’s your turn.?

Leave your comments below!  let me know your favorite from the list above.

To prevent mold or mildew in bathrooms we install exhaust fans in all bathrooms. The Simple tweak is to wire the exhaust fan to the same switch as the light fixture. If the fan and light are separate tenants will never turn on the fan but they will always turn on the light. Wire them to the same switch and if forces tenants to use exhaust fan while taking a steamy shower. (check local codes for GFCI protection)

Ask your paint supplier to print off an extra copy of the paint stickers they put on the top of the can. Stick these to the underside of a kitchen cabinet drawer, and label them with specific rooms, and dates. This way the info is never lost, and always on site. You can pop the drawer out and take it to the hardware store if needed.

 

 

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