When tenants suddenly disappear, leaving a rental property behind, many Florida landlords ask: Can I legally take back possession of the property?
The answer is yes—but only if you follow Florida’s landlord-tenant laws carefully. Acting too quickly can lead to legal liability, including claims of wrongful eviction or unlawful disposal of tenant property.
How Florida Law Defines Abandonment
Under Florida Statute §83.59, a landlord may retake possession of a rental unit without filing an eviction lawsuit if the tenant has abandoned the property.
A rental unit is generally considered abandoned if:
- The tenant has been absent for at least 15 consecutive days without paying rent, or
- The tenant has clearly vacated the property (utilities shut off, belongings removed), even if some personal property remains.
Steps for Handling an Abandoned Rental Unit in Florida
Even if a tenant appears to have abandoned the property, Florida law requires landlords to follow specific steps before reclaiming possession:
- Issue a Notice of Belief of Abandonment
- Send a written notice to the tenant’s last known address.
- The notice should clearly state that you believe the property has been abandoned and provide instructions on how the tenant can respond.
- Wait the Required Timeframe
- If the notice is mailed, allow at least 15 days for the tenant to respond.
- If the notice is delivered in person, allow at least 10 days.
- During this period, the tenant has the opportunity to reclaim the property.
- Take Possession
- If the tenant does not respond or reclaim the property within the specified timeframe, the landlord may legally take possession.
- Changing the locks and securing the property is allowed after the notice period expires.
Steps Florida Landlords Must Follow
Even if abandonment seems clear, landlords cannot simply change the locks. Florida law requires these steps:
- Verify Abandonment
Before taking action, confirm the tenant has truly abandoned the property. Look for:
- Unpaid rent
- Prolonged absence from the unit
- Shut-off utilities
- Removal of personal belongings
- Provide Written Notice
If personal belongings are left behind, Florida Statute §715.104 requires landlords to give written notice before disposing of or selling property:
- Send notice to the tenant’s last known address
- Timeframe: 10 days if delivered in person, 15 days if mailed
- Handle Abandoned Property Properly
If the tenant does not reclaim their belongings:
- Property worth less than $500: Landlord may sell, keep, or dispose of the items.
- Property worth $500 or more: Landlord must hold a public sale, advertised in a local newspaper for two consecutive weeks. Proceeds can cover unpaid rent, damages, or storage costs, and any remaining funds must be sent to the county treasury. Tenants have one year to claim the remaining money.
Important Exceptions:
- Prescription medications and medical equipment cannot be disposed of. These must be stored for at least seven days and returned promptly if requested.
- Document Everything
Maintain detailed records of:
- Notices sent
- Photographs of the property
- Unpaid rent and other damages
Proper documentation protects landlords in case of disputes.
Risks of Skipping the Legal Process
- Reclaiming a rental unit without following Florida law can result in:
- Wrongful eviction claims
- Unlawful disposal of property
- Lawsuits or fines
Acting too quickly can cost far more than lost rent.
Key Takeaways
- Florida law allows landlords to take back possession of abandoned rental units — but only if you:
- Confirm abandonment (15+ days of absence without rent)
- Provide written notice before disposing of belongings
Need Legal Assistance?
For landlords seeking professional guidance on handling abandoned rental units or navigating Florida’s landlord-tenant laws, consider reaching out to Pronto Evictions. Their experienced team offers comprehensive legal services tailored to landlords’ needs.
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