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Customer Question

I live in Miami Florida. I missed one payment on furniture rental, i was one week late, and they showed up unannounced to take the furniture away. Can they do that?

 
 
 
 
 
 
If you are late, the lender can immediately contact you to retrieve his items. I suggest you review your rental agreement because that will set out terms under which the rental holder can come in and retrieve his items.

However, Florida law requires that the furniture rental company has to file a lawsuit in Miami-Dade County Court (if that is the one in which you reside in), and then retrieve a judgment called a writ of replevin. Only then will the company have the right to take the rental furniture from a you without consent. If, however, you give them consent, they can take it away.

One more warning--their taking must be peacable. That means that if the repo man comes without a writ and tries to get into your home without permission, you do not have to let him in. However, if you leave their furniture in the open (like a deck), then they an easily take it away.

Sincerely,

Dimitry Alexander Kaplun, Esq.
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Question

I live in Miami Florida. I missed one payment on furniture rental, i was one week late, and they showed up unannounced to take the furniture away. Can they do that?

Category: Legal
 
 
 
 
 
 

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State/Country relating to Question: Florida

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Searching the Internet. I told the repo man that I would pay and he gave me until monday. I would think they would have to notify me first. Plus, I was only 1 week late.

 
 
 
 
 
 
Posted by Dimitry Alexander Kaplun 369 days and 22 hours ago.

Accepted Answer

If you are late, the lender can immediately contact you to retrieve his items. I suggest you review your rental agreement because that will set out terms under which the rental holder can come in and retrieve his items.

However, Florida law requires that the furniture rental company has to file a lawsuit in Miami-Dade County Court (if that is the one in which you reside in), and then retrieve a judgment called a writ of replevin. Only then will the company have the right to take the rental furniture from a you without consent. If, however, you give them consent, they can take it away.

One more warning--their taking must be peacable. That means that if the repo man comes without a writ and tries to get into your home without permission, you do not have to let him in. However, if you leave their furniture in the open (like a deck), then they an easily take it away.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

 
 
 
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Dimitry Alexander Kaplun

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