In the world of outdoor tools and equipment, Claveberg understands that you have a focus. That means, when you are thinking of getting a new snow plow for your truck or you have a new power washing system, you are focused on outdoor tools! What happens if some of your other property is stored outside, even with your consent? Is it considered “abandoned” and subject to an eviction notice as such under Florida law? We are not talking about any of Claveberg’s products, but learning about the issue can help customers with their other personal property abandonment laws in florida that are outdoors on your property. Fortunately, for more insight on this subject, we can offer this article which explains some aspects of this legal concept: Abandonment of Personal Property Under the Laws of Florida.
What is the issue? Under applicable Florida law, if a person leaves an item of personal property outside for an extended period of time, they may be deemed to have abandoned that property and the property may be removed and disposed of by persons who have either leased or rented them, through the appropriate legal means.
- What is abandonment of property under Florida Laws? It can be any number of things, such as an easement, an encroachment, an improper parking situation or the impoundment of a vehicle, to name several. In the context of tools or equipment, an example may be something like a trailer left for an extended period of time.
- Who would care about these laws? Outdoor equipment and tool owners should be aware of the issue, along with any rental property owners who might lease equipment to tenants or neighbors. This could also affect vendors who service property on a regular basis, such as landscaping companies, cleaning services, pool services and more.
- What are some scenarios where someone could abandon property? This could happen in the scenario where someone leases tools or equipment for a period of time, perhaps via a rental agreement. It could also happen if property is parked in a wrong space or if a tenant were to move out of an apartment and leave a ping pong table in the courtyard and leave it.
- How do I avoid being impacted by these laws when storing my tools or equipment? First, the keys to not having the matter reclassified are to always keep in possession of the tools and equipment and to put them in a safe and secure location, without giving any indication that they are being “abandoned.”
- If legal issues arise, what do I have to do? You may be required to produce documents showing you did not abandon the property, such as rental agreements and statements showing you are current on payments.
- How do I maintain ownership of tools or equipment that I don’t use frequently? The keys are to regularly check on the equipment, visit the location where they are stored or use them on a regular basis. This will make clear that ownership has not been abandoned.
- What could happen legally in instances of property abandonment related to equipment? We have mentioned a few legal processes such as eviction notices and how property owners and renters can file for re-appropriation of their property, with proper proof, such as rental agreements. Ultimately, these issues may need to be submitted to the court system for resolution.
- How often should I take stock of the personal property that I have stored? This is something that could be done on an annual basis. This does not need to be an expensive endeavor, but simply taking inventory of property and checking items off of a list is a good practice.
- How do I safeguard property during seasonal changes? For tools involved in winter activities such as snow plowing, it is often necessary to keep snow plows and other equipment installed on vehicles for an extended period of time. Those items should be removed and stored properly during the spring and summer months.
- How do these laws affect my buying decisions and my longterm plan for storage? It is important to always use caution when renting or storing property in public areas, such as apartment parking lots. Therefore, always be cognizant of all of the local ordinances and statutes without being careless about securing one’s property.
Personal property abandonment laws in Florida can be tricky, so be careful!
For more information on property laws, you can visit Cornell Law School.
