Full question:
I live in Key Largo Florida on a canal. Through an acquaintance I met someone who needed dockage for his 44' boat. We agreed on a monthly fee. The owner has not paid his fee for 5 months and does not return my calls. The boat needs attention and is taking on more water than normal. I sent a registered letter to his only known address notifying him that he has until February 28, 2009 to remove his boat from my dock. I have the signed receipt for the letter but no other response. I don't want the boat or dockage fee, I just want it removed. What are my options?
- Category: Abandoned Property
- Date:
- State: Florida
Answer:
Your options depend on whether the boat owner is a former tenant or another individual. Generally, you must provide written notice to the boat owner at their last known address, informing them that the boat will be considered abandoned if not removed within a specified time frame. Florida law requires that this notice be personally delivered or sent by first-class mail. If you believe the notice sent to the last known address may not be received, you should attempt to send it to any other address where the owner might receive it.
In your case, since you sent a registered letter and have the receipt, you have taken a necessary step. If the boat is not removed by the deadline you set, you may need to follow further legal procedures to address the situation. This could involve notifying local authorities or seeking legal advice on how to proceed with the removal of the boat.
In Florida, landlords must exercise reasonable care in storing abandoned property. If you need to dispose of the boat, you must comply with applicable laws, including providing notice as outlined in Fla. Stat. § 715.104. This statute details the requirements for notifying former tenants about personal property left on the premises after a tenancy has ended.
For further assistance, consider consulting with a legal professional who can guide you through the specific steps you need to take.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.