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ELECTIONS, INSURANCE, AND A SENSELESS DEATH

ELECTIONS, INSURANCE, AND A SENSELESS DEATH

ELECTIONS, INSURANCE, AND A SENSELESS DEATH
This season, more than any other of late, the issue of condominium election ballot verification reared up. The condominium election process is unique and very regulated. In addition to many other requirements, ballots are to be placed in an inner plain and unmarked envelope which is to be placed inside a larger envelope which must, as per Florida law, contain the unit owner’s name, address, unit number and signature. As part of the election process, this information is later verified against the associations’ membership records to ensure that only the unit owner, or the unit owner’s designated voter, cast their ballot. It is the plain inner envelope that guarantees anonymity.

Given the sheer volume of units in many condominium communities, which translates to the number of ballots that can be received, the process of tabulating the ballots can take hours. To speed things up, some condominium communities prefer to verify the outer envelope information in advance of the election ballot tabulation that takes place during the annual members’ meeting. That said, and what may come as a surprise to some, is that you cannot just start verifying the outer envelopes. If you do, then your entire election is subject to challenge. Tampering with the election materials creates an inescapable cloud over the entire election process from which there is no escape, but a new election. It is so simple to avoid, too.

 

Section 61B-23.0021, of the Florida Administrative Code, details the verification process as follows: “Any association desiring to verify outer envelope information in advance of the meeting may do so as provided herein. An impartial committee designated by the board may, at a meeting noticed in the manner required for the noticing of board meetings, which shall be open to all unit owners and which shall be held on the date of the election, proceed as follows. For purposes of this rule, “impartial” shall mean a committee whose members do not include any of the following or their spouses: 1) Current board members; 2) Officers; and 3) Candidates for the board. At the committee meeting, the signature and unit identification on the outer envelope shall be checked against the list of qualified voters. The voters shall be checked off on the list as having voted. Any exterior envelope not signed by the eligible voter shall be marked ‘Disregarded’ or with words of similar import, and any ballots contained therein shall not be counted.” Now you know how to have your cake and eat it, too. Just follow the simple procedures to verify the outer envelopes and you can be home in time for the 10:00 P.M. news.

 

Once you are elected to the board, make certain the directors’ and officers’ liability coverage is in place. In most instances, a board member’s duty is to exercise their reasonable business judgment. They can make decisions that later turn out great or bad, but so long as they acted reasonably under the circumstances, and without malicious intent, the association’s insurer typically stands by their coverage obligations. Noteworthy is that, as related to procurement of insurance, a condominium board member’s statutory duty as set out in s. 718.111(11), Fla. Stat, is one of “best efforts”. Casualties of all sorts can occur at any time. For example, just look to the recent tragedy that led to the death of Trayvon Martin.

 

Friends, family and clients are all asking, will George Zimmerman’s homeowners’ association be sued? Yes, most likely it will. That is one deep pocket not likely to be missed. We could also see intentional tort claims brought against the individual directors by the victim’s family. If such claims are victorious, then it’s the individual directors who are liable, not the association’s insurer. Under the circumstances, as reported thus far, a finding of individual board member liability is not unlikely.

The more difficult question to answer is whether the HOA will have liability for its actions or failures to act? Was the association, based on the acts of its boards (both past and present) negligent or grossly negligent (reckless disregard that rises to such a level so as to appear to be an almost willful violation of the safety of others)? If so, the insurers would likely fight to pay only their fractionalized share of the association’s blame. This is referred to as “contributory negligence” where each culpable party pays their share of the blame. You might also hear about some court activity where the plaintiffs try to force the association to suffer its judgment separate from the other defendants. Doing so could create opportunity for larger settlements and judgments. Think of it this way, would you rather receive just $1,000 from 10 people, or have 10 people each give you $1,000?

 

In many ways, suing a homeowners’ association is like suing a successful, well capitalized corporation. Without proper insurance coverage in place, a judgment against your association would also be your next special assessment. Make sure your association’s insurance professional is made aware of all activities taking place in your community, from watch committee activity to use of the clubhouse by private organizations. Crime and accidents occur everywhere, at any time, when you least expect it and without notice. Advance planning is your only defense.

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COPING WITH FL H.B. 1237 (2017)

COPING WITH FL H.B. 1237 (2017)

COPING WITH FL H.B. 1237 (2017)

by Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

Whenever the Legislature puts new laws on the books, in order to avoid becoming involved in expensive litigation, managers and board members are obliged to sort out what it all means along with what steps should be taken to address the real meaning, terms and conditions that the courts and judges conclude were the Legislature’s intent.

Florida’s Governor signed Florida House Bill 1237 (2017) into law on June 26, 2017.  The legislation went into effect on July 1, 2017 and added several requirements and prohibitions to the Florida Condominium Act (Chapter 718).

For example, HB 1237, now the law of the land in Florida, states, “Board members may serve 2-year terms if permitted by the bylaws or articles of incorporation. a board member may not serve more than four consecutive 2-year terms, unless approved by an affirmative vote of two-thirds of the total voting interests of the association.” The law also includes an exception if there are not enough eligible candidates to fill all board positions which allows current board members to continue beyond the otherwise prescribed period.

What is yet to be determined is whether this means a board member may serve no more than eight one-year terms, or, if association rules limit terms to one year, the four-term limitation still applies? Other questions still left unanswered include: When do these terms start? Is the law to be enforced retroactively, or are board members prior terms excluded from the new rule?

Another new rule states that a condo board member, despite good intentions, could be subject to penalties for violation of this caveat:  “An association may not employ or contract with any service provider that is owned or operated by a board member or any person who has a financial relationship with a board member.”  Under a strict interpretation of this update to the law, if a board member runs a pool service and is taking care of the association’s pool maintenance for only the cost of chemicals, that board member could end up facing criminal penalties for trying to help out.

Conflicts of interest (such as a board member providing a proposal from a company they are affiliated with) may have long existed, and while board members always should have abstained from any vote where it could be perceived that they had a financial conflict of interest, it could now be a criminal offense.

This is not the only place a condo officer, director or manager could find themselves facing the threat of criminal penalties.  While we all know, or at least should know, kickbacks of any kind are wrong, often accusations made by a unit owner are not grounded in reality and instead are based on little more than spite and mistrust.

However, The updated Florida Statute 718.111 now reads “[A]n officer, director, or manager may not solicit, offer to accept, or accept any thing or service of value or kickback for which consideration has not been provided for his or her own benefit or that of his or her immediate family, from any person providing or proposing to provide goods or services to the association. Any such officer, director, or manager who knowingly so solicits, offers to accept, or accepts any thing or service of value or kickback is subject to a civil penalty pursuant to s. 718.501(1)(d) and, if applicable, a criminal penalty.”

The updated statute goes on to require that an officer or director who is charged with certain crimes (primarily crimes of dishonest character) shall be removed from office and provides requirements for filling the vacancy left by any such removal. The silver lining here is that you have to be charged with a crime before you can be removed, a mere accusation is not enough.

Will these and other provisions that have been added to the law make it even more difficult to find volunteers who are willing to serve as board members? No one really knows yet. What we do know is, it will probably take years for the legislature and the courts to sort this new law out.  We also know that those who serve on our boards of directors are most often well-meaning volunteers who want to do the right thing and serve their fellow owners.  All we can do is hope that none of these changes make it harder to get these good people to serve, and the law works as intended keeping those with a self-serving agenda from throwing their hat in the ring.

We are not attorneys, and anything said here should not be construed as legal advice. This article is purely for educational purposes, with the goal of helping associations better understand current updates to the law. Royale Management Services team members are Licensed Community Association Managers (LCAM) who work with associations to manage, to navigate and to comply with the law.  As you can see, these changes raise several questions, and you can be sure that until these issues are addressed by a court, no one will really know the correct answers. Nevertheless, it is always advisable to seek legal counsel if an issue arises.

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Rembaum’s Association Roundup: Florida’s Newest Non-Native Invasion – Overnight Rentals

Rembaum’s Association Roundup: Florida’s Newest Non-Native Invasion – Overnight Rentals

  • Posted: May 30, 2017
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With little doubt, purchasing a home is one of the most significant investments you can make. In order to help protect that investment, many purchasers choose to buy homes within community associations that include homeowners’, cooperative and condominium associations. Behavior within community associations is governed by a declaration of condominium or declaration of restrictions, along with the bylaws, articles of incorporation and, importantly, and more often than not, the rules and regulations generated by the board of directors. Those of us living within community associations, for the most part, did not sign up to live in a community with transient overnight housing. Yet, if left to the vices of VRBO and AirBnB that is exactly what can happen in your community. Do you know what to look for? Do you know how to prevent this from occurring? What if it is occurring in your neighborhood? What can your community association do about it?

For a variety of reasons, none which are the subject of today’s column, local governments may have difficulty in promulgating local ordinances prohibiting overnight housing offered by VRBO and AirBnB. Therefore, it is left up to your community association’s board of directors to ensure proper measures are in place to prevent homes in your community from becoming the newest unnamed hotel/motel.

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a “TRIM Notice,” the notice reflects what the property taxes are likely to be on the November property tax bill.

a “TRIM Notice,” the notice reflects what the property taxes are likely to be on the November property tax bill.

Every August, the Office of the Property Appraiser mails a Notice of Proposed Property Taxes to all property owners. Also known as a “TRIM Notice,” the notice reflects what the property taxes are likely to be on the November property tax bill.

A number of factors can come into play when it comes to determining if the proposed taxes are a fair estimate. For example, failure to recognize the recent slowdown in the real estate market could mean the tax estimate is higher than it should be. To ward against paying more than their fair share of taxes, property owners have the option to petition for an appeal. And condo owners have a unique opportunity where tax appeals are concerned.

Florida law allows condominium association Boards to file a joint petition for property tax appeal to cover all units in the building. In theory, if one unit in the building receives a TRIM Notice with unfairly high property taxes, then chances are the other units did also. Thus, filing a single petition is an efficient way for associations to ensure their owners are not overpaying property taxes. For those unit owners that do not wish to participate, Florida law provides a simple process for opting out of the joint tax appeal.

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If you don’t hire someone to field these inquiries, you’ll have to do it yourself.

If you don’t hire someone to field these inquiries, you’ll have to do it yourself.

Vacation Management managers can be found on SFPMA.com

Vacation listing websites help you book renters but they can take up to 30 percent in commissions. While this may seem high, remember that each booking can involve dozens of inquiries for each renter. If you don’t hire someone to field these inquiries, you’ll have to do it yourself.

You probably don’t want to rely on a listing website alone for your marketing. If you do, you may be costing yourself a lot of rented nights each year. Here are some relevant facts from the Vacation Rental Property Marketing Blog about vacation rental owners’ marketing expenses:

Vacation rental owners spent an average of $1,150 per year marketing their properties in 2011.

Half of all vacation rental owners only use listing sites to market their properties. This group experiences annual average occupancy rates of 54 percent.
Vacation rental owners who combine listing sites with their own websites bump their occupancy rates up to 76 percent, on average.
94 percent of all vacation rental owners believe they could be doing more to promote their properties.

Let us help by listing your Vacation Rental Company with us: 

SFPMA has a Directory used by Thousands of Clients looking for the management services you provide.

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E-Mails and E-Mail Addresses

E-Mails and E-Mail Addresses

Who is entitled to the e-mail addresses of your association’s members? Are e-mails sent between board members part of an association’s official records? What about e-mails sent by a board member to the manager?

 

Only the e-mail addresses of unit owners who have either consented to receive notice by e-mail or have consented in writing to the disclosure of their e-mail addresses are subject to review during an official record inspection. Section 718.111(12), Florida Statutes, provides, with regard to unit owner e-mail addresses, that “[t]he association shall also maintain the electronic mailing addresses… of unit owners consenting to receive notice by electronic transmission. The electronic mailing addresses… are not accessible to unit owners if consent to receive notice by electronic transmission is not provided in accordance with [this subsection].” This topic was discussed in Cohen v. Harbour House (Bal Harbour) Condominium Association, Inc., Arb. Case No. 2012-02-3139 (Summary Final Order / Lang / June 29, 2012).

 

In the Cohen case, a unit owner requested a list of all of the e-mail addresses of the members, however did not receive such a list. The unit owner alleged that she was improperly denied the e-mail addresses. However, it was discovered that the association did not have consent from any members to use their e-mail for the purposes of receiving official notices nor did the association have written consent to disclose the protected information from any member. Therefore, the arbitrator held that “[b]ecause, under the statute, no unit owner has submitted his or her email address for notice requirements or consented in writing to disclosure of his or her email address, the [a]ssociation did not improperly deny access by [the unit owner] to its list of email addresses.”

 

In today’s instant world, e-mail allows us to express our thoughts at anytime, anywhere. It is so convenient that it is unavoidable for board members to use it to discuss association business. As the official records of condominium, homeowner and cooperative associations are subject to inspection with limited exception, the question often asked is whether e-mails, including e-mails between board members and between one or more board members and the association’s manager, constitute part of the association’s official records that are subject to inspection by the members.

 

Several categories of records, while still constituting a part of the official records, are not subject to a member’s inspection request. For example, attorney-client privileged correspondence, medical records, information obtained by an association in connection with the approval of the lease, sale or other transfer of a unit and social security numbers, just to name a few, are not subject to a member’s inspection request but still constitute a part of the association’s official records.

 

On March 6 2002, the then Chief Assistant General Counsel of the Department of Business and Professional Regulation (“DBPR”) issued an opinion which provided that “[c]ondominium owners do have the right to inspect e-mail correspondences between the board of directors and the property manager as long as the correspondence is related to the operation of the association and does not fall within the… statutorily protected exceptions… [The DBPR does not have] regulations expressly requiring archiving e-mails, but… if the e-mail correspondence relates to the operation of the association property, it is required to be maintained by the association, whether on paper or electronically, under chapter 718, Florida Statutes.”

 

In Humphrey v. Carriage Park Condominium Association, Inc., Arb. Case No. 2008-04-0230 (Final Order / Campbell / March 30, 2009), an arbitrator of the Division of Florida Condominiums, Timeshares, and Mobile Homes held that “…e-mails… existing… on the personal computers of individual directors… are not official records of the association… Even if directors communicate among themselves by e-mail strings or chains, about the operation of the association, the status of the electronic communication on their personal computer would not change. Similarly, an e-mail to an individual director or to all directors as a group, addressed only to their personal computers, is not written communication to the association.” The arbitrator reasoned that “this must be so because there is no obligation to turn on [the] personal computer with any regularity, or to open and read emails before deleting them.”

 

Simply stated, if one was to rely on the guidance cited herein, e-mails solely between board members, even a board majority, are not part of the official records, e-mails between the board and the manager are part of the official records and unit owner e-mail addresses are only subject to inspection where a unit owner has either consented to receive notice by e-mail or has consented in writing to the disclosure of his/her e-mail address. That having been said, it is in my opinion that e-mail communications that involve a board majority are still subject to the board meeting notice requirements already required by Chapter 718, Florida Statutes, more commonly known as the “Condominium Act.”

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EXPLANATION OF THE CHANGES TO THE LANDLORD-TENANT ACT updated.

EXPLANATION OF THE CHANGES TO THE LANDLORD-TENANT ACT updated.

EXPLANATION OF THE CHANGES TO THE LANDLORD-TENANT ACT updated.
by: NationalEvictions.com

What does it say in your Leases?
Residential Landlord-Tenant Act found in Florida Statutes, Section 83 Part II.

The changes, additions and subtractions help to clarify some of the greyer areas of law that have developed over the years, and give guidance to property managers, attorneys and judges. The landlord-tenant relationship is affected by the lease agreement, statutory law and decisions by judges creating case law when the statute or lease is unclear. In the residential setting, most cases are decided in county court. If a judge rules in a way that may not be in accordance with the law, other judges often will follow suit. This creates situations where in one county or circuit the judges rule one way, and in another county or circuit, the judges rule an opposing way. Often judges in the same county or circuit will rule in opposing ways. Inconsistencies create a problem of uncertainty for property managers, and since under Florida law, the prevailing party in a Landlord-Tenant action is entitled to an award of attorney’s fees, the stakes can get extremely high for all parties involved. The Landlord-Tenant Act in Florida is extremely fair, and for the most part clear and concise, but nothing is perfect. The changes to the law clarify a number of areas of the law which will be examined here. Just because the law has changed, we must warn property managers that not all judges will follow the law, especially in the beginning, and some still will interpret the law in a way that you and your attorney may disagree with. When this occurs, there is an option of filing an appeal to a higher court, but due to the expense and time involved, this is not usually done. This article will explain the new law as it pertains to the multi-family manager.  New security deposit disclosure wording must be placed in all leases.

 

ATTORNEY’S FEES
Prior Law – The Landlord-Tenant Act provides that the prevailing party in a case seeking to enforce the provisions of a rental agreement or the Landlord-Tenant Act is entitled to an award of attorney’s fees. In some cases, residents would be injured on a property, a slip and fall for example, and the attorney for the injured party would seek attorney’s fees. Personal injury law does not provide that the injured person receives attorney’s fees, but this grey area was being exploited by some personal injury attorneys to ask for and receive attorney’s fees.
New Law- The new language clarifies that attorney’s fees will NOT be awarded in an action in which a person was injured on a rental property, AND a lease cannot be modified to allow management to attempt to force residents to waive away their rights to attorney’s fees in non-personal injury cases.

 

SECURITY DEPOSITS AND ADVANCE RENT
Prior Law – It was unclear in prior law whether management had to notify the resident if a bank’s name had changed, was sold, or one bank merged with another. That bank would be the one holding the deposits.
New Law – Management is now clearly not required to notify the resident of a bank change, merger or bank sale.
Prior Law – Management was required to provide the resident with a section of Florida Statutes 83.49(3), explaining timing and procedures that governed management and residents if management were to make a claim upon the deposit, return the deposit, or if the resident disputed claims made against the deposit.

New Law- A brand new disclosure is now required in the lease for all leases beginning January 1, 2014. Until that time, you can continue to use the old law wording, or you can update your lease right now. The new disclosure clarifies that you do not have to notify the resident if you are using the advance rent when it becomes due, clarifies that management has 30 days from the time of resident “move out” to send the Notice of Intention to Impose the Claim on Security Deposit, and encourages management and residents to try to informally settle disputes, and if not, either party can sue as before. Basically the procedures regarding security deposits have not changed, just the new disclosure is required. If a resident disputes, the new law still does not clarify if management is permitted to retain the “disputed” amount, or if the disputed amount can be disbursed or put into your company’s operating account.
Prior Law – If management failed to send out the Notice of Intention to Impose Claim on Security Deposit in time or properly, it was unclear if management had to refund the entire amount of the deposit or could “set it off” against the amount the resident may have owed and return the rest to the resident.
New Law – It is clear now that if management fails to send out the Notice of Intention to Impose Claim on Security Deposit in time or properly, the management MUST return 100% of the deposit, but still can sue the resident in court and get a judgment for the underlying claim in the event management went to court and prevailed.
Prior Law – Nothing addresses the safety or security of a resident’s security deposit on a sale of a property, and often the old owner or manager kept it; hence the resident lost it with no recourse against the long gone prior owner.
New Law – There is a re buttable presumption that the new owner or management received the deposit from the old owner or management, and this presumption is limited to one month’s rent.

SCREENS
Prior Law – Management was responsible for screens. This created a problem, as often the screens were damaged or destroyed by the resident, guest, child or pet, and management continually had to make repairs and replacements.
New Law – At the beginning of the lease, management must make sure the screens are installed and in reasonable condition, and management now only must repair screens once annually. We still recommend you keep up screens as it can become a code enforcement/inspection issue.

 

CRIMINAL OFFENSES
Prior Law – Rights and duties under the Landlord-Tenant Act were enforceable only by civil action.
New Law – If there is a crime by management or resident, the law is now clarified to show that it now can be enforced by a criminal action as well.

 

CURABLE NONCOMPLIANCES
Prior Law – If a resident committed a curable noncompliance, that resident was given a Seven Day Notice of Noncompliance with Opportunity to Cure. If the resident committed the act again within 12 months, management would arguably have to serve the resident a Seven Day Notice of Termination and wait seven more days before filing an eviction.
New Law – After a resident is given a Seven Day Notice of Noncompliance with Opportunity to Cure and the seven days are up, if the resident subsequently commits the same or similar offense, NO NEW NOTICE must be given, and management can go straight to eviction. NOTE: We still recommend that in many instances, you serve a new Seven Day Notice of Noncompliance with Opportunity to Cure or a Seven Day Notice of Termination prior to evicting depending on the type of offense and time periods elapsing.

 

PARTIAL RENT
Prior Law – Some judges, very few actually, incorrectly were ruling that if management accepted a partial rent payment, management could not take any action against that resident in that month that partial payment was accepted: no notices, no evictions. This interpretation of the law actually hurt residents, as management would simply evict and not bother trying to work with the resident.
New Law – It is now clear that management can accept a partial rent payment and also proceed with an eviction that same month if management does one of 3 things: (1) Give the resident a receipt for the partial rent accepted, OR (2) Place the amount of the partial rent into the Court Registry if an eviction is filed, OR (3) post a new 3-day notice. Most attorneys including us will recommend that you do #3: post a new 3-day notice with the balance owed. The new law has a “glitch”; it indicates a posting is required for the new 3-day notice. Does this mean management cannot “hand deliver” the new 3-day notice? No one knows yet. We recommend following the existing standard of the law, which allows a posting if the resident does not come to the door in an effort to hand-deliver the three-day notice. If you hand-deliver the 3-day notice, you can also additionally post a copy of the new 3-day notice in an abundance of caution.

SUBSIDIZED HOUSING/CRIME/NONCOMPLIANCES/EVICTIONS
Prior Law – In certain subsidized/government housing, if management did not file an eviction against a resident within 45 days of the resident committing a crime or noncompliance on the property, management would be prohibited by law from filing an eviction. The problem was that often management did not find out about the crime or noncompliance until after 45 days had gone by.
New Law – Management now has 45 days from the time management DISCOVERS the crime or noncompliance has occurred to file an eviction action.

 

NOTICE TO RESIDENT OF LEASE ENDING
Prior Law – Management could require a resident to give management notice prior to the end of the lease stating that the resident is vacating.
New Law – Now there is reciprocity. If management requires 30 days’ notice from the resident, then management must also give 30 days’ notice. The notice required can be up to 60 days, and it must be the same for the management and the resident.

 

EVICTIONS
Prior Law – If a 3-day notice had a defect, no matter how small or insignificant, the resident or resident’s attorney could file a motion to dismiss, get the case thrown out of court, and in some cases, attorneys were getting huge awards of attorney’s fees. This type of decision might help the nonpaying resident in the short run, but was in no way helping the general public who had to pick up the slack caused the landlord’s higher cost of doing business, hurting management companies, and especially the mom and pop rental property owner who did not know the law inside and out.
New Law- Judges are now NOT to dismiss cases because a 3-day notice is defective. The resident MUST place the rent money into the court registry prior to objecting to notice deficiencies, and if there is a defect in the notice, management now legally has the ability to cure the defect in the notice, serve a new one, or file an amended pleading rather than have the case dismissed. We are hoping the judges will follow this very clear new law.

 

WRIT OF POSSESSION
Prior Law – Generally, the writ of possession, the final stage in the eviction, was never served on a Saturday, Sunday or Legal Holiday, and these days were excluded in the 24 hour computation of time from service of the writ of possession to execution of the writ of possession.
New Law – The writ of possession can NOW be “served” or “executed” on a Saturday, Sunday or Legal Holiday, and if for example, a writ of possession is “served” at 4 p.m. on a Friday, technically, now the sheriff’s deputy could legally “execute” the writ of possession on a Monday. The sheriff’s deputy will still likely not be serving or executing a writ of possession on weekends or holidays; the significance is that these days are no longer excluded when calculating the 24 hours.

PROHIBITED PRACTICES
Prior Law – A number of prohibited practices applying to management are enumerated in the law. Examples include prohibitions on lock outs, cutting off utilities, discrimination against service members, and retaliating against a resident for organizing a resident group, among many others.
New Law – Two new items have been added regarding retaliation prohibitions against a resident. It is now illegal to retaliate against a resident if that resident is required to pay rent to a condominium or homeowners association after a legal rent demand, and it is now illegal to retaliate against a resident if that person exercised any rights under state, local or federal fair housing laws. Most responsible property managers would never have done this anyway, but it is now clearly stated in the law.

 

CONCLUSION
Carefully read and understand the changes to the Landlord-Tenant Act. Notify your owner or management company of the need to modify the lease agreement. The lease should be immediately modified to provide for reciprocity of notice to the resident prior to the end of the lease, and, by January, all leases must have the new security deposit disclosure.

 

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Evictions: Abandonment claims on personal property

Evictions: Abandonment claims on personal property

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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