Legal Question in Real Estate Law in Florida

I have been storing my boat trailer in a paid lot for 6 months. I went to pick it up and there was another boat on my trailer (unauthorized by me). When I asked the lot owner whose it was they did not know. We located who was useing my trailer without approval. What is the law on this? It has to be a crime to use property of someone without permission. How do I go about reporting this? What is the penalty?


Asked on 8/01/10, 10:13 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

Is the boat still on your trailer?

You are entitled to the fair rate of trailer use for the the amount of time that they used your trailer. You can file an action in small claims court (assuming that the value of the use is not more than $5,000). You will want to go to a trailer rental place and get a written quote for how much they charge for a trailer like yours. This will establish the value for the use of a trailer. While you and your trailer may not have been damaged in any way, the other person was unjustly enriched, by not having to pay for the rental of a trailer. He was enriched to the same amount that you were damaged. If you file in small claims court, be sure to ask for filing fees, court costs to be awarded to you as well.

ALSO the storage place should be named, as a co-defendant, as it was acting as a bailor (charging you for trailer storage) and they were responsible for the safekeeping of your trailer. A boat does not just "mysteriously" appear, and if it did, they are responsible, because they either knew, or should have known what was going on with your trailer.

If you have photos of the mystery boat this is good. A copy of your contract or receipt from the storage lot is needed too. Any documents you have should be submitted (copies) to the court, along with your complaint.

Just telling the boat storage lot the amount that you are planning to sue them for is likely to result in their offering to settle with you.

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Answered on 8/06/10, 11:04 am


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