How long after moving out of a relatives house do you have to get your belongings?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long after moving out of a relatives house do you have to get your belongings?
Sister is threatening to burn/throw away my belongings due to post move out disagreement. Moved out 4 days ago.
Asked on July 18, 2012 under Real Estate Law, Florida
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I believe in the State of Florida, your abandonment laws are pretty specific and appears there is a 90 day waiting period before something is considered abandoned. You need to indicate in writing that you are going to be taking these items and she cannot dispose of anything pursuant to Florida law for at least 90 days and if she does, you can sue her for costs.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country a former landlord cannot unilaterally discard belongings of the tenant. An opportunity must be given to the owner of the items to retrieve them, typically thirty (30) days minimum.
If the former tenant does not retrieve the items that are collectively worth more than $300 after a reasonable to retrieve them such as thirty (30) days after move out, the former landlord must publish notice of an auction to get rid of the items. If worth less than $300, the landlord can unilaterally discard the items after a notice to retrieve after thirty (30) days after notice to pick up in writing has been given.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.