Does the 72 hour window after eviction to get possessions apply if your LL allowed you to stay 6 more days past eviction date?

Business Questions 4 views 3 answers
After allowing me to stay BEYOND the evict date and agreeing ( in front of a Deputy at my request) to let me keep my 3 horses there (if I cared for them) 4 a couple weeks give or take, my prior LL gave them away using "abandonement" to justify. Long story short.. I Had several yard sales b4 moving and the same girl who now has them came asking to buy them I told her not for sale. Evict date was 3/16 & he allowed me to stay through the 21st. . after moving,I'd go late night to care for them but by the end of 2nd week from 1 day to the next night..they were gone. Called LL & he never returned calls. I placed a " missing" ad on social media & was contacted & told where 2 were. I called the Sherriffs dept from which I adopted them from & was told to call the girl who has them. I did & she screamed at me & hung up. I was told it's a civil matter bc I didn't get them before the 72 hours was up after eviction..i was still in the house! I'm sick over this & even if it was a case of abandonment the laws re: such weren't followed. 2 of my babies went straight to her. Not a vet or rescue. Haven't found my 3rd yet.I was never contacted or charged & I can prove ownership. What can I do?

Attorney Answers

3
Timothy Kingcade ·
What 72-hour window are you referring to? Is this a rule from another state? I don’t believe any such rule exists in Florida. Once you are evicted, you are evicted. The landlord has no obligation to continue to store your personal materials after your physical presence has been evicted. If you think the landlord has done something wrong hire an attorney and sue the landlord. In other words, it is a civil matter. Good luck.
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Mark Theodore TischhauserLitigation LawyerTampa, FL ·
There is no 72 hours to get your things after eviction. Evicton means eviction. If its left behind under Chap 83 its possible the items are deemed abandoned and can be disposed of as the LL sees fit. Otherwise Fla. Stat. 715 addresses the dispostion of personal property left behind after an eviction. You may have a case against the landlord depending on the lease terms and facts, but you will need to plan on spending a good deal of money in legal fees in the effort to gethe horses back or compensation for them.
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Gary Gaffney ·
Your horses are personal property under the law, and as such, their disposition by your Landlord is governed by Section 715.10 et seq Florida Statutes. If they were not dispossessed at the time of the sheriff's execution of the writ, and your lease doesn't specifically waive your rights under Section 715.10 (check it to see), you may be able to get them back, and possibly damages. But you will need to consult with, and retain, a good local tenants lawyer. I am afraid there is nothing anyone can do for you here on line. Hope this helps. Good luck! gsg
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