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Personal Property Law Related Questions

Are you involved in a lawsuit regarding personal property? Can a lien be placed against personal property held jointly? Personal property is generally considered property that is “movable.” If you have encountered legal troubles, such as these, it is essential to obtain correct information. Experts can provide reliable, knowledgeable information. Read below where Experts have answered these questions and more.

What action can be taken against a company that has been hired to conduct an estate sale of personal property, but has failed to do so?

Case Details: Individual was told the process would take six months. One year later the company has done nothing to dispose of the property.

If a contract was signed, first it should be investigated to see whether or not a time frame was set for the company to dispose of the property or return it. Next, the remedy would be to send a letter demanding that the contract be canceled and any money made to be turned over on items sold, and for the other items to be returned. In the alternative, an individual could demand payment of the value of the items contracted. If this is unsuccessful, the matter could be taken to court, but a lawsuit is costly and time consuming.

In Florida, if one spouse defaults on a student loan, can a lien be placed on personal property or a bank account that is jointly owned by both spouses?

In Florida, property owned jointly by a husband and wife are “marital accounts,” which are considered “entireties” and cannot be attached unless there are joint debtors. Therefore, the property and joint bank account would be considered “marital accounts” and “entireties properties.” Assets owned jointly by married Florida residents is exempt from the individual judgment creditors of either spouse because the joint assets are owned as tenants by the entireties. Tenancy by the entireties is not a statutory exemption. It is a principal established by the traditions of Florida case law. Florida residency is not a prerequisite for tenants by entireties protection. More specifically, you do not have to be a Florida resident to enjoy the protection of jointly owned real property or tangible personal property under the entireties umbrella if the same assets are situated in the State of Florida.

Can a landowner acquire, dispose of, or place a lien on personal property not removed after 60 days?

No, failure to remove items of personal property does not transfer ownership to the landowner. Liens for storage only apply to professional services that provide storage. The sixty day requirement has been waived because of not taking action sooner, therefore it would be best to give the personal property owner another 10 days to two weeks to remove such property. If he or she again fails to do so, the landowner may put his or her stuff in a professional storage warehouse in the name of the personal property owner, and he or she will be responsible for the rental charges.

In New York, if a lessee signs a two year lease on a storage garage but never makes a security deposit or the first month’s rent, is the lease valid or void?

Case Details: Lessor trusted lessee would make payment and gave lessee the key.

The lessor has the right to evict and sue for the entire lease period for a breach of contract. It is likely the lessor would get a judgment and collect. It is recommended to go through with the eviction even though no rent or deposit was made so there are no liability issues.

Is it legal to change the lock to a leased garage door?

No, the lessee needs to be served with eviction notice in order to change the lock.

In Florida, can a co-op unit owner of personal property legally demand that a set of By-Laws for the co-op be drawn up and registered with the government?

No, there is no requirement that a co-op association has to file By-Laws with any government agency, but the association must have a set of By-Laws and abide by them. The By-Laws would be governed by Florida Real and Personal Property Law 719.106. This provision includes the right of a unit owner to make a written demand to the board and requires the board to respond within 30-60 days. In this situation, the co-op unit owner should make a written request asking to be provided with the current By-Laws. There is also a provision that allows 10% of the unit owners to call a special meeting to recall an officer.

As seen above, many issues can arise regarding a person’s legal rights regarding personal property. It is reassuring to know that you are getting accurate information. If you have other questions, verified Experts are available to assist you, at your convenience.

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