Many landlords in Florida have faced the frustrating situation of discovering that a tenant has moved out without notice, leaving behind unpaid rent and piles of belongings. For landlords in Florida, this isn’t just an emotional headache, it is a messy legal inconvenience. With over 12,000 eviction cases filed in Florida in 2022, issues involving tenant abandonment and leftover property are a common challenge that landlords need to navigate carefully.
In this article, we’ll break down property abandonment laws in Florida: legal guidelines and procedures to help you manage these situations the right way. You’ll learn how to identify abandonment, handle personal belongings left behind, and protect yourself legally.
What Is Considered Abandonment of Property in Florida?
In Florida, tenants must notify landlords of extended absences exceeding seven consecutive days. This requirement, usually part of the lease agreement, helps landlords differentiate between a tenant being away on vacation versus abandoning the property.
Under Florida Statute § 83.595, landlords may presume abandonment if the tenant has been absent from the property for at least 15 consecutive days, provided there is no written notice from the tenant about the absence and the rent is not current. However, this presumption does not apply if the tenant has notified the landlord in writing of their extended absence or has kept rent payments up to date.
To avoid confusion, landlords should include clauses in lease agreements requiring tenants to notify them of any extended absences. This helps determine whether a property is temporarily vacant or truly abandoned. Clear communication and documentation are essential to avoid misunderstandings and ensure compliance with legal requirements. Use tools like LeaseRunner’s Florida Quit and Holdover Notice resources to handle prolonged tenant absences professionally.
Personal Property Abandonment Laws In Florida
In Florida, handling personal property left behind by tenants requires landlords to follow specific legal procedures. Here's a breakdown of the key aspects:
Florida Statutes Chapter 705 outlines the procedures for dealing with lost or abandoned property. It defines "abandoned property" as items left intentionally and permanently by the owner, with no owner who intends to claim them.
The law requires landlords to follow specific steps before disposing of any property. These steps include notifying the tenant, storing the items properly, and giving the tenant a chance to claim them. If the tenant doesn’t respond, landlords may sell, donate, or dispose of the items, following legal guidelines.
Legal responsibilities of landlords with abandoned property
When tenants leave belongings after vacating a property, landlords have certain legal responsibilities:
- Send a Written Notice:
Landlords must send a letter to the tenant’s last known address or another place where they might receive it. This notice should list the items left behind and explain how the tenant can claim them. - Store the Belongings Safely:
The landlord must take reasonable care to store the items. This could mean keeping them on the property or moving them to a safe location. - Wait a Certain Amount of Time:
Landlords must give tenants time to respond to the notice. If the tenant doesn’t claim the items after the required time, the landlord can legally sell, donate, or throw them away.
Landlords can stipulate in the rental agreement that they are not responsible for storing or disposing of a tenant's personal property left behind. Florida Statute § 83.675 allows landlords to include a specific clause in the lease stating that the landlord has no responsibility for handling abandoned property.
To comply with the law, this clause must be presented in bold and underlined text within the lease agreement. LeaseRunner's Florida Residential Lease includes this clause as per legal requirements.
Differences between abandoned property and personal items left temporarily.
It’s important to know the difference between property that’s truly abandoned and items left temporarily:
- Abandoned Property:
Items left after the tenant has moved out for good, especially if they’ve stopped paying rent and haven’t contacted the landlord. This is typically indicated by the tenant's extended absence without notice and failure to pay rent. - Personal Items Left Temporarily:
Belongings left behind when the tenant plans to return, like during an extended vacation. For example, if a tenant informs the landlord of an extended absence but plans to return, the property is not considered abandoned.
Landlords should avoid assuming items are abandoned if there’s any chance the tenant intends to return. Clear communication is key to avoiding confusion.
Procedures for Florida Landlords to Legally Handle Abandoned Property
When a rental property has been abandoned, landlords have several options under Florida Statute § 83.595:
- Walk Away:
Landlords can terminate the lease agreement, retake possession of the property, and release the tenant from any further liability. This option forfeits pursuing additional monetary compensation from the tenant. - Find Another Tenant but Hold the Old Tenant Liable:
The landlord can retake possession of the property and hold the tenant liable for any rent shortfall after reletting the premises. Landlords must exercise good faith in reletting and deduct any rent received from the outstanding balance owed by the tenant. - Do Nothing and Hold Tenant Liable:
Landlords may choose to hold tenants liable for rent as it becomes due under the terms of the lease. Create a detailed list of the items left behind and store them safely. - Notify the Tenant:
Send a written notice to the tenant's last known address, describing the abandoned property and stating where it can be claimed. Our tip is to mention the deadline for the tenant to retrieve their belongings.
- Charge an Early Termination Fee:
If agreed upon at the beginning of the tenancy, landlords can charge liquidated damages or an early termination fee. For items valued under $500, you may keep, sell, or discard them. For items worth $500 or more, additional steps, such as public auction, may be required.
Landlord Rights and Protections Under Florida Law
Understanding these rights ensures compliance with the law and minimizes potential disputes.
When landlords comply with Florida statutes, they are protected from liability for the disposal or handling of personal property left behind by tenants. Including the proper clause in the lease agreement, as outlined in Florida Statute § 83.675, further safeguards landlords.
Landlords should document all interactions with tenants, including notices of abandonment, attempts to contact the tenant, and any costs incurred for handling abandoned property. This helps protect landlords in case of disputes.
According to Florida Statute § 715.109(4), landlords have the right to recover money spent on storing or disposing of a tenant’s abandoned property. According to Florida law, landlords can charge for:
- Storage Costs: If the property is stored on-site, landlords can calculate the storage cost based on the rental value of the space used.
- Disposal or Sale Expenses: Costs for advertising, transporting, or selling the items can also be deducted.
If the property is sold, landlords can use the money from the sale to cover these expenses, with any leftover funds returned to the tenant. For security deposit management and other lease clauses, refer to LeaseRunner’s Florida Security Deposit Guide.
Summary
Handling abandoned property can be a legal maze for Florida landlords, but understanding the laws and following the right steps can make the process much easier. Under Florida Statutes, landlords are required to notify tenants about belongings left behind, store items safely, and wait a reasonable amount of time before selling, donating, or discarding them.
By understanding the difference between abandoned property and items left temporarily, landlords can avoid disputes, safeguard their rights, and handle abandoned property confidently and legally. This guide equips landlords with the tools to navigate these situations effectively while minimizing risks.
