Dealing with tenant property left behind after a tenant vacates a rental unit is a common but complex issue that landlords must navigate carefully. Florida law imposes strict guidelines on how landlords can handle such situations, including specific circumstances under which a landlord may remove, store, or dispose of a tenant’s belongings.
This article outlines the legal framework landlords must follow to ensure compliance with Florida Statutes, protecting themselves from potential liability while managing tenant property appropriately. Whether the tenant has surrendered the property, abandoned it, or been evicted, understanding these legal requirements is crucial for landlords to avoid costly mistakes.
Restrictions Apply
A landlord may not remove a tenant’s personal property from the rental unit except as allowed by law. F.S. 83.67(5) provides,
“…the landlord shall not remove the tenant’s personal property from the dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction.”
A landlord may remove the tenant’s property from the rental unit only when the landlord recovers possession of the unit upon:
- tenant has surrender possession of the premises to the landlord;
- tenant has abandoned the premises;
- landlord recovers possession of the premises upon the death of the last remaining tenant in accordance with F.S. 83.59(3)(d); and
- the landlord has recovered possession of the premises upon lawful eviction.
Landlords can only remove a tenant’s personal property from the rental unit under specific legal circumstances. These include when the tenant has surrendered or abandoned the premises, when the landlord regains possession after the last tenant’s death or following a lawful eviction. Removing property outside of these conditions is prohibited.
Eviction
If the landlord recovers possession of the rental unit with a writ of possession after prevailing in an eviction action, the landlord may, at the time the deputy executes the writ of possession or anytime thereafter, remove the tenant’s personal property from the rental unit and put it at the property line. F.S. 83.62(2) provides,
“At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord’s agent may remove any personal property found on the premises to or near the property line…”
For example, if the sheriff executes the writ of possession on June 15, the landlord can remove the tenant’s personal property on June 17.
Sheriff “Stand By”
If the landlord, after the writ is executed, wants the sheriff to “stand by” while the landlord removes the tenant’s property, the landlord must request the same and pay the sheriff’s hourly rate. F.S. 83.62(2):
“Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff.”
After a writ of possession is executed, if a landlord wants the sheriff to “stand by” while they remove the tenant’s property and change the locks, the landlord must request this service and pay the sheriff’s hourly rate. The landlord is responsible for covering this cost.
Liability Protection
F.S. 83.62(2) relieves the landlord (and sheriff) from liability to any damage to the tenant’s personal property when the landlord removes the tenant’s property to the property line at the time the writ of possession is executed or anytime thereafter. It states,
“Neither the sheriff nor the landlord or the landlord’s agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed.”
Thus, landlords and sheriffs are protected from liability for any damage to a tenant’s personal property when it is removed to the property line after a writ of possession is executed. They are not responsible for loss, destruction, or damage to the property once it has been removed
Tenant Abandons or Surrenders
If the landlord recovers possession of the rental unit by the tenant’s abandonment or surrender, F.S. 83.67(5) limits the landlord’s ability to dispose of the tenant’s property:
“If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the tenant, the landlord is not required to comply with s. 715.104 and is not liable or responsible for storage or disposition of the tenant’s personal property; if provided in the rental agreement, there must be printed or clearly stamped on such rental agreement a legend in substantially the following form:…”
When a tenant abandons or surrenders the rental unit, landlords are limited in how they can dispose of the tenant’s property. If the rental agreement includes a specific provision, the landlord is not required to follow the legal process for storage or disposal of the property and is not liable for it. This provision must be clearly included in the rental agreement.
No Rights of Storage Lease Provision
The lease agreement must have a provision substantially similar to the following provision for the landlord not to have to comply with F.S. 715.104:
“BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.”
Thus, to avoid compliance with F.S. 715.104 regarding tenant property left behind, a lease agreement must include this specific clause in substantial similarity. This clause should state that upon the tenant’s surrender, abandonment, or recovery of possession due to the tenant’s death, the landlord is not responsible for storing or disposing of the tenant’s personal property.
If Lease Does Not Contain a “No Rights of Storage” Provision
The lease agreement does not contain the “no rights of storage” lease provision, landlord must comply with F.S. 715.104, which requires legal process and notice to the tenant to be able to dispose of the property.
FS 715.104(1) – Notice Must Be Delivered
If the lease agreement does not have a “No Rights of Storage” provision, F.S. 715.104(1) requires the landlord to deliver notice to a tenant regarding abandoned personal property at the rental unit. It states,
“(1) When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, through eviction or otherwise, the landlord shall give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property.”
The landlord must deliver notice to the tenant when:
- Personal property remains on the premises
- tenancy has terminated or expired
- tenant vacated the premises
- landlord must give written notice to tenant or other person landlord reasonably believes is the owner of the property
FS 715.104(2) provides for the content of the notice to the tenant. It states,
“The notice shall describe the property in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by s. 715.11 does not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. The notice shall advise the person to be notified that reasonable costs of storage may be charged before the property is returned, and the notice shall state where the property may be claimed and the date before which the claim must be made. The date specified in the notice shall be a date not fewer than 10 days after the notice is personally delivered or, if mailed, not fewer than 15 days after the notice is deposited in the mail.”
To recap, the content of the Notice shall:
- describe the property to identify it;
- advise that reasonable costs of storage may be charged before the property is returned;
- state where the property may be claimed and the date before which the claim must be made; and
- the date specified in the notice shall be a date not fewer than 10 days after the notice is personally delivered or, if mailed, not fewer than 15 days after the notice is deposited in the mail.
FS 715.104(3) provides for the method of delivery of the notice. It states,
“The notice shall be personally delivered or sent by first-class mail, postage prepaid, to the person to be notified at her or his last known address and, if there is reason to believe that the notice sent to that address will not be received by that person, also delivered or sent to such other address, if any, known to the landlord where such person may reasonably be expected to receive the notice.”
To recap, the landlord must deliver the notice as follows:
- personally delivered or sent by first-class mail, postage prepaid, to the person to be notified at her or his last known address, and
- delivered or sent to the address that landlord has reason to know where the person may reasonably be expected to receive the notice
Storage of Tenant’s Property
If the lease agreement does not contain a “no rights of storage provision”, and the Landlord must comply with the notice process described above, the landlord must store the tenant’s property either in:
- (1) the vacated premises or
- (2) a place of safekeeping until the landlord releases the property to the tenant pursuant to F.S. 715.108 or disposes of it pursuant to F.S. 715.109.
Landlords must use reasonable care in storing the property. F.S. 715.107 states,
“The landlord shall exercise reasonable care in storing the property, but she or he is not liable to the tenant or any other owner for any loss unless caused by the landlord’s deliberate or negligent act.”
Release of the Tenant Property
F.S. 715.108 provides for when the landlord must release the tenant’s property. The landlord must release the tenant’s property to tenant (or person reasonably believed to be owner) pursuant to F.S. 715.108(1) as follows:
“The personal property described in the [F.S. 715.104] notice shall be released by the landlord to the former tenant or, at the landlord’s option, to any person reasonably believed by the landlord to be its owner, if such tenant or other person pays the reasonable costs of storage and advertising and takes possession of the property not later than the date specified in the notice for taking possession.”
Thus, the landlord must release the property if:
- tenant pays storage/ad costs, and
- takes the property by the date in the notice.
If the landlord doesn’t release the property to tenant (or person reasonably believed to be owner), F.S. 715.108(2) provides for landlord’s option:
“Where personal property is not released pursuant [715.108(1)] and the notice has stated that the personal property will be sold at a public sale, the landlord shall release the personal property to the former tenant if she or he claims it prior to the time it is sold and pays the reasonable costs of storage, advertising, and sale incurred prior to the time the property is withdrawn from sale.”
At this point, the landlord must release the property to the tenant or to the person reasonably believed to the owner if:
- tenant claims property prior to sale
- tenant pays costs
- prior to the time property is withdrawn from sale
If the tenant does not claim the tenant’s property per F.S. 715.108, the landlord must then comply with F.S. 715.109 regarding lawful disposition of the tenant’s property. The personal property shall be sold at public sale by competitive bidding, but if the landlord reasonably believes that the total resale value of the property not released is less than $500, the landlord may retain such property for his own use or dispose of it in any manner he chooses.
Notice of Auction
The laws regarding notice of auction are found in F.S. 715.109(2)-(3). Landlords must follow these provisions to be able to sell the property at auction and be afforded the protections of the statute.
Prior to the sale of the tenant’s property, the landlord must advertise once a week for 2 consecutive weeks. The newspaper notice must give the time and place of the sale. The newspaper notice must state:
- the name of the former tenant, and
- a description of the property to be sold with sufficient particularity to adequately permit the owner of the property to identify it.
The sale must take place at least 10 days after the first publication but no later than 5 days after the second publication.
If there is no weekly paper, the landlord must post the notice of the sale in 6 conspicuous places in the neighborhood of the sale 10 days before the sale is to take place.
Landlords must adhere to specific legal requirements when selling a tenant’s abandoned property at auction under Florida law. Before the sale, they must advertise the auction in a newspaper once a week for two consecutive weeks, including details like the former tenant’s name and a description of the property. The sale must occur at least 10 days after the first ad and within five days of the second. If no weekly paper is available, the notice must be posted in six visible locations in the neighborhood.
After the Auction
The landlord may bid to purchase the tenant’s property at the public sale. After the costs of storage, advertising, and the sale have been deducted from the sale proceeds, the balance may be claimed by the tenant or property owner within thirty (30) days.
If the funds are not claimed, they must be paid into the county registry. At that time, the landlord is relieved of any further obligations for the abandoned property. The successful bidder’s title to the property is subject to ownership rights, liens, and security interest which have priority by law.
Limited Liability – 715.11(1)-(2) – Releasing to Tenant
F.S. 715.11 limits the landlord’s liability regarding the tenants’ property, but the landlord must comply with the process mandated by F.S. ch. 715, et. al. F.S. 715.11(1):
Notwithstanding the provisions of s. 715.101, after the landlord releases to the former tenant property which remains on the premises after a tenancy is terminated, the landlord is not liable with respect to that property to any person.
F.S. 715.11(2) also provides,
“After the landlord releases property pursuant to s. 715.108 to a person who is not the former tenant and who is reasonably believed by the landlord to be the owner of the property, the landlord is not liable with respect to that property to:
“(a) Any person to whom notice was given pursuant to s. 715.104; or (b) Any person to whom notice was not given pursuant to s. 715.104 unless such person proves that, prior to releasing the property, the landlord believed or reasonably should have believed that such person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of such person.”
Limited Liability – 715.11(3) – Sold At Auction or Disposed
F.S. 715.11(3) limits the landlord’s liability when the property is sold at auction or disposed pursuant to this chapter. It states,
“Where property is disposed of pursuant to s. 715.109, the landlord is not liable with respect to that property to: (a) Any person to whom notice was given pursuant to s. 715.104; or (b) Any person to whom notice was not given pursuant to s. 715.104 unless such person proves that, prior to disposing of the property pursuant to s. 715.109, the landlord believed or reasonably should have believed that such person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of such person.”
Costs of Storage – 715.111
The tenant is responsible for the costs of storing his personal property after termination of the tenancy. F.S. 715.111(1)-(3) provides,
“(1) Costs of storage for which payment may be required under ss. 715.10-715.111 shall be assessed in the following manner:
“(a) When a former tenant claims property pursuant to s. 715.108, she or he may be required to pay the reasonable costs of storage for all the personal property remaining on the premises at the termination of the tenancy, which costs are unpaid at the time the claim is made.
“(b) When an owner other than the former tenant claims property pursuant to s. 715.108, she or he may be required to pay the reasonable costs of storage for only the property in which she or he claims an interest.
“(2) In determining the costs to be assessed under subsection (1), the landlord may not charge more than one person for the same costs.
“(3) If the landlord stores the personal property on the premises, the costs of storage shall be the fair rental value of the space reasonably required for such storage for the term of the storage.”
Towing Vehicle – 715.07
Landlord’s may tow a tenant’s vehicle that is left on the premises, but the landlord must comply with the statutory provisions. Towing requirements include: 1) the landlord must be the owner or lessee of the real property or the representative of the condominium association where the vehicle is located, and 2) the towing of the vehicle is in substantial compliance with the conditions and restrictions in F.S. 715.07(2)(a)(1)-(9).
The property owner must post “tow away zones” in compliance with Florida law, but there are exceptions to having to post this notice:
- Single family residences;
- If the property owner has already given personal notice to the owner or legal driver of the vehicle;
- If the vehicle is parked in a way that restricts the normal operation of the business; or
- If the vehicle is parked on a public right-of-way and blocking access to a private driveway.
If you do not meet the exceptions to posting “tow away zone” signs, you must post notices as required by F.S. 715.07:
- The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within 5 feet from the public right-of-way line. If there are no curbs or access barriers, the signs must be posted with no less than one sign for each 25 feet of lot frontage.
- The notice must clearly indicate, in not less than 2-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner’s expense. The words “tow-away zone” must be included on the sign in not less than 4-inch high letters.
- The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles or vessels. The sign structure containing the required notices must be permanently installed with the words “tow-away zone” not less than 3 feet and not more than 6 feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of any vehicles or vessels. The local government may require permitting and inspection of these signs prior to any towing or removal of vehicles or vessels being authorized.
Conclusion
Handling tenant property left behind is a critical responsibility for landlords in Florida. Following the proper legal procedures, as outlined in Florida Statutes, ensures that landlords manage such situations effectively while protecting themselves from liability. Whether the tenant has abandoned the property, surrendered it, or been evicted, understanding these guidelines is essential to avoid potential legal pitfalls.
Tips for Landlords: Tenant Property Left Behind
- Include a Clear Lease Provision: Ensure your lease includes a “No Rights of Storage” clause to avoid compliance with F.S. 715.104.
- Understand Eviction Procedures: Know the legal steps for removing tenant property during and after eviction, including the writ of possession process.
- Deliver Proper Notices: If your lease lacks a storage provision, follow the notice requirements for abandoned property, including content, delivery method, and timing.
- Store Property Responsibly: If required to store tenant property, do so with reasonable care, either on the premises or in a safe location.
- Know Your Liability Limits: Familiarize yourself with liability protections under F.S. 83.62 and F.S. 715.11 to safeguard against claims related to tenant property.
- Adhere to Towing Regulations: If towing vehicles is necessary, ensure compliance with F.S. 715.07, including proper signage and notification requirements.