How long must I wait to dispose of or remove personal property from my residence?
Full Question:
My divorce was finalized on 10/10/2007. In the settlement agreement my husband was given 30 days from the finalization to remove his personal property (nonworking kit-car, sailboat/trailer, misc tools, etc) from the residence we shared.
If the property has not been removed at the end of the allotted time, what requirements are necessary for me to dispose of or have the property removed from my residence?
10/12/2007 |
Category: Abandoned Property |
State: Florida |
#10155
Answer:
I suggest calling the local police department, as abandoned property laws vary by local area. The following is a FL statute:
83.62 Restoration of possession to landlord.--
(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours' notice conspicuously posted on the premises.
(2) At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord's agent may remove any personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the landlord or the landlord's agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed.