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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I had an ex of 10 years that was living with me 6 to 7

Customer Question

I had an ex of 10 years that was living with me for about 6 to 7 years. No contract was signed between us. His name is ***** ***** anything in my house that I own myself. In Feb. 2014 he moved out of my bedroom and moved to another bedroom in the house. He had full access to everything in the house. He moved out in Feb.15 giving me 4 days notice. When he moved he left quite a few things like -bedroom set, a new power washer, sidewalk edger, large tool chest and some smaller things. He told me that his new place was not big enough to take all of these things with him. He did not ask me if I would store these things for him until he got a bigger place. In Oct 2015 I called him and told him that he could take his tool box, power washer.sidewalk edger. I told him he should be paying me storage because this equipment was taking up a lot of space in my garage. All along when we did talk about about the thinks he ;ABANDONED" i told him that he should be paying storage and he just laugh and couldn't believe I wanted to charge him. As for the bedroom set I have a person staying in the room using the set and since he ABANDONED that too he refused to pay storage. Now here exactly one year after he moved out he wants to come get the bedroom set and has giving me 4 days notice again. I feel that since he did not pay me nothing for a year of storage that the bedroom is mine. We bought a living room set several years ago and we put $500 down and left a balance of $2000 and made payments each month. He never paid one payment to the furniture. So I think I should be in the write that the bedroom set is mine. We live in the state of fl.
Submitted: 9 months ago.
Category: Legal
Expert:  Sam replied 9 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard. Please tell me what state is this?

Customer: replied 9 months ago.
Floridia
Customer: replied 9 months ago.
I'm still here waiting
Expert:  Sam replied 9 months ago.

Thank you for your patience while I gather the laws.

Expert:  Sam replied 9 months ago.

REAL AND PERSONAL PROPERTY

Chapter 715
PROPERTY: GENERAL PROVISIONS

View Entire Chapter

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.

History.—s. 11, ch. 83-151; s. 844, ch. 97-102.

Expert:  Sam replied 9 months ago.

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.

Expert:  Sam replied 9 months ago.

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 2 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.

History.—s. 11, ch. 83-151; s. 845, ch. 97-102; s. 5, ch. 2001-179.

Expert:  Sam replied 9 months ago.

IN ESSENCE his property is considered abandoned. And you do not need to allow him in to get a thing.

Expert:  Sam replied 9 months ago.

If you want to charge him storage, you may do so in accordance with the statutes. If you want to come to an agreement on his storage fees, you can do that, too. The decision is yours. He has no further legal right to the property. And if he takes you to court to recover any of the value, your defense is he abandoned it and did not want to pay storage fees.

Expert:  Sam replied 9 months ago.

In that regard, I suggest you would want any agreements in writing and notarized.

Customer: replied 9 months ago.
thank you for all of your advice, it really confirmed my feeling.
Expert:  Sam replied 9 months ago.

You're welcome. And now you have the laws to back you up. Thanking you in advance for a positive rating here to ensure I get credit for my time and information provided. Thanks again for your patience.

Expert:  Sam replied 9 months ago.

I hope all is working our for you in this matter. Please let me know here if you have other questions or need clarification. Otherwise a positive rating ensures I get credit for my time and information in this regard.

Expert:  Sam replied 9 months ago.

Thank you.