Florida’s First Ruling on “Stand By and Do Nothing” Tenant Abandonment
Florida landlords often face difficult decisions when a tenant abandons a rental property before the lease term expires. Florida Statutes sec. 83.595(1)-(4) outlines the remedies available to landlords in such situations, providing them with multiple options to recover losses. In Hefley v. Holmquist, 5D2021-1378 (Fla. App. Feb. 06, 2025), the Florida Court of Appeals examined the meaning of “stand by and do nothing” under this statute for the first time. This case serves as a critical precedent in clarifying what actions a landlord may take when a tenant abandons a property while still holding the tenant liable for unpaid rent.
Case Breakdown: When Attorneys-Tenants Abandoned a 5-Year Lease
The dispute in Hefley v. Holmquist arose from a lease agreement between landlord Christopher Holmquist and tenants William and Aimee Hefley (both licensed attorneys). The lease, which covered a five-year term, was set to expire on April 1, 2017. However, in mid-2016, tensions between the parties escalated, leading the tenants to vacate the premises before the lease term ended.
The Legal Battle: Landlord’s $21K Win Reversed Then Restored
- In June and July 2016, Holmquist (landlord) sought to inspect the property, prompting the Hefleys (tenant) to attempt early termination of the lease as of July 31, 2016.
- Holmquist refused their termination request, and the Hefleys (tenant) moved out, leaving the property in what Holmquist (landlord) described as “filthy” condition.
- When Holmquist (landlord) entered the property on August 1, 2016, with the assistance of law enforcement, he found the doors and windows open, the locks changed, and damage to the premises.
- Holmquist changed the locks and alarm code, cleaned, repaired, and attempted to sell the property while also claiming unpaid rent from the Hefleys (tenant) for the remaining lease term.
A jury found in favor of Holmquist (landlord), awarding him $21,936.75 in damages, which included unpaid rent. The trial court later reduced the damages to approximately $6,000, reasoning that Holmquist (landlord) had resumed possession of the property, precluding him from claiming unpaid rent under F.S. 83.595(3). Both parties appealed.
Florida Statute 83.595 Explained: 4 Remedies for Abandoned Properties
At the heart of this case was the interpretation of F.S. 83.595, which provides four remedies when a tenant abandons a rental property:
- Terminate the rental agreement and retake possession for the landlord’s own account, ending the tenant’s liability for future rent.
- Retake possession on behalf of the tenant and attempt to relet, with the tenant responsible for any rent shortfall.
- Stand by and do nothing, holding the tenant liable for rent as it accrues.
- Charge a pre-agreed early termination fee or liquidated damages.
The question before the appellate court was whether Holmquist’s (landlord) actions constituted “standing by and doing nothing” under F.S. 83.595(3). The trial court ruled that because Holmquist (landlord) took steps to secure, repair, and sell the property, he effectively retook possession, barring him from recovering rent under the third remedy. The appellate court disagreed and reversed the trial court, reinstating the jury’s verdict.
Court’s Decision: Why Changing Locks Didn’t Void Rent Claims
The appellate court reversed the trial court’s decision, reinstating the full damages awarded by the jury. The majority held that Holmquist’s (landlord) actions were consistent with standing by and doing nothing, reasoning that:
- Holmquist (landlord) never accepted surrender of the lease or provided written acknowledgment of termination.
- He continued to demand full rent from the Hefleys (tenant).
- Though he changed the locks and made repairs, these actions were necessary to maintain the premises, not to repurpose them for personal use or to relet them.
- The property remained vacant for the period in question, supporting Holmquist’s (landlord) assertion that he did not retake possession for his own benefit.
The court emphasized that landlords should not be penalized for securing an abandoned property or mitigating damage. Such actions do not necessarily equate to retaking possession under F.S. 83.595(1) or (2).
Key Ruling: What “Stand By and Do Nothing” Really Means
Judge Kilbane concurred in the result but wrote separately to provide a detailed analysis of what constitutes “standing by and doing nothing.” Judge Kilbane noted that:
“Standing by and doing nothing” does not require absolute inaction. Rather, it means the landlord does not treat the lease as terminated or take possession in a way that extinguishes the tenant’s obligations.
Minor actions, such as repairs and security measures, should not be confused with retaking possession.
The landlord’s actions are crucial in determining whether the third remedy is indeed the remedy chosen by the landlord.
Judge Kilbane acknowledged that this was the first Florida appellate decision to explicitly address the meaning of “stand by and do nothing.” Judge Kilbane urged courts to adopt a practical approach, recognizing that landlords must protect their property without forfeiting their legal rights under F.S. 83.595(3).
5 Critical Lessons for Florida Landlords Dealing With Abandonment
- Document Everything: Paper Trail Protects Your Rights
- Clearly communicate that you do not accept a tenant’s surrender of the lease.
- Continue to demand rent in writing.
- If listing the property for sale, ensure you do not occupy or relet it before claiming unpaid rent.
- Secure Property Without Surrendering Lease Rights
- Changing locks, making repairs, and securing the premises do not necessarily equate to retaking possession.
- Avoid moving into the property or allowing third parties to use it for personal or commercial purposes.
- Choose Your Remedy Wisely Under F.S. 83.595
- If you want to hold a tenant liable for full rent, do not take steps that could be construed as accepting surrender.
- If you plan to relet the premises, act promptly and maintain records of all attempts to find a new tenant.
- If you wish to terminate the lease, do so explicitly to avoid ambiguity.
Protecting Your Rental Income After Tenant Abandonment
Hefley v. Holmquist clarifies an important issue under Florida’s landlord-tenant laws, providing guidance on how landlords can enforce their rights when tenants abandon the rental property. By reaffirming that reasonable efforts to maintain a rental do not negate the ability to claim unpaid rent, the court provides landlords with clearer strategies for protecting their investments while ensuring compliance with Florida law. Understanding and properly applying F.S. 83.595 is crucial for landlords to maximize their legal remedies in lease disputes.
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