FL - What to do with tenant's property after townhouse eviction?
This is a discussion on FL - What to do with tenant's property after townhouse eviction? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I am the MGRM of an LLC in Hillsborough county FL that rents a townhouse to a tenant. I am ...
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#1 |
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Junior Member
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Join Date: Apr 2012
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I am the MGRM of an LLC in Hillsborough county FL that rents a townhouse to a tenant. I am evicting the tenant for non-payment of rent. I believe this eviction will go all the way and the Writ of Possession will be fully executed by the Sheriff. If the property were a single family residence, then I could remove the tenant's property and take it to the curb during the Writ execution. However, the property is a townhouse. So there isn't really a property line. My question is, where do I put the tenant's property when the Writ is executed? I'm thinking I should take it to the entrance of the townhouse community. Would that be correct? Thanks,
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#2 |
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Top Level Member
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I wish to inform you that writ of possession is executed by sheriff. Sheriff will execute court order. In this regard sheriff will put things out of your property. It is duty of sheriff to look that nothing is in your premises.
AFF |
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#3 |
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Yes. Agreed. However, the Sheriff will not physically remove the tenant's property. I will have to do that. My question is where do I place the tenant's property? The answer is not as easy as "by the curb" as the rental unit is a townhouse.
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#4 |
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AFFA is wrong, the sheriff will not move the property. The landlord must have assistance available to move the property to the property line. Inasmuch as you do not want the tenant on the property or the common areas, you should move the property to the property line. I agree, I would take the property to just outside the entrance, however, this does not play well if the property remains there very long. Outside the property line could be anywhere, however, you cannot trespass onto another parties property. Take it to the public curb or public sidewalk.
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#5 |
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The sheriff does not remove the tenant's property, only the landlord. If there is property the tenant leaves, that should be taken to the curb. In most instances of eviction, the individuals take their valuables so you may not end up with that much abandoned property in the end.
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#6 |
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I think StorageGuy answered the question. If you think about it, the answer is pretty obvious....it makes sense. The common area of the townhouse is still private property and the tenant, as part of the lease, had access to the common area. Therefore, the nearest demarcation point between the premises that was being leased (including his rights to the common area) is the front (the entrance) of the townhouse development. The road is a public road and a it has a public sidewalk. I will take the tenant's property there (I don't really care about the tenant's junk....it isn't worth anything anyways....I just want the dirtbag out).
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