Disposition of Abandoned Tenant Property

If a tenant abandons the premises and leaves property behind there are certain rules you must follow to avoid being sued. These rules can be avoided by having this clause in your lease:

BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, OF THE FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY. For the purposes of this section, abandonment shall be as set forth in Florida Statute, 83.59(3)(c).

If the above clause is not in your lease then you must do the following:

715.105 Form of notice to former tenant.—
(1) A notice to the former tenant which is in substantially the following form satisfies the requirements of s. 715.104: Notice of Right to Reclaim Abandoned Property
To: …(Name of former tenant)……(Address of former tenant)… When you vacated the premises at …(address of premises, including room or apartment number, if any)…, the following personal property remained: …(insert description of personal property)…. You may claim this property at …(address where property may be claimed)…. Unless you pay the reasonable costs of storage and advertising, if any, for all the above-described property and take possession of the property which you claim, not later than …(insert date not fewer than 10 days after notice is personally delivered or, if mailed, not fewer than 15 days after notice is deposited in the mail)…, this property may be disposed of pursuant to s.
715.109. (Insert here the statement required by subsection (2)) Dated:…. …(Signature of landlord)…..(Type or print name of landlord)…..(Telephone number)……(Address)…
(2) The notice set forth in subsection (1) shall also contain one of the
following statements:
(a) “If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money.”
(b) “Because this property is believed to be worth less than $500 $250, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.”

715.106 Form of notice to owner other than former tenant.—
(1) A notice which is in substantially the following form given to a person who is not the former tenant and whom the landlord reasonably believes to be the owner of any of the abandoned personal property satisfies the require-ments of s. 715.104:
Notice of Right to Reclaim Abandoned Property
To: …(Name)…
…(Address)…
When …(name of former tenant)… vacated the premises at …(address of premises, including room or apartment number, if any)…, the following personal property remained: …(insert description of personal property)…. If you own any of this property, you may claim it at …(address where property may be claimed)…. Unless you pay the reasonable costs of storage and advertising, if any, and take possession of the property to which you are entitled, not later than …(insert date not fewer than 10 days after notice is personally delivered or, if mailed, not fewer than 15 days after notice is deposited in the mail)…, this property may be disposed of pursuant to s. 715.109.
(Insert here the statement required by subsection (2)) Dated:…. …(Signature of landlord)…..(Type or print name of landlord)…..(Telephone number)……(Address)…
(2) The notice set forth in subsection (1) shall also contain one of the following statements: (a) “If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money.” (b) “Because this property is believed to be worth less than $500 $250, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.” Section 5. Subsection (1) of section 715.109, Florida Statutes, is amended
to read:

715.109 Sale or disposition of abandoned property.—
(1) If the personal property described in the notice is not released pursuant to s. 715.108, it shall be sold at public sale by competitive bidding. However, if the landlord reasonably believes that the total resale value of the property not released is less than $500, she or he may retain such property for her or his own use or dispose of it in any manner she or he chooses. Nothing in this section shall be construed to preclude the landlord or tenant from bidding on the property at the public sale. The successful bidder’s title is subject to ownership rights, liens, and security interests, which have priority by law.