Florida law allows a landlord to terminate a residential tenancy when the tenant has abandoned the premises. However, because the law strictly prohibits unlawful eviction, landlords must be cautious and deliberate when making an abandonment determination. Misjudging the situation can lead to liability for wrongful possession or conversion of personal property. This section outlines how to determine abandonment under Florida law, the steps to take when it is suspected, and how to terminate the lease.
Legal Definition of Abandonment
Under F.S. 83.59(3)(c), in the absence of actual knowledge of abandonment, a rental unit is presumed abandoned by the tenant when:
- the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments,
- tenant has not notified the landlord, in writing, of an intended absence,
- rent is unpaid, and
- no evidence exists of the tenant’s continuing occupancy.
This presumption gives the landlord a lawful basis to retake possession and terminate the tenancy, but the decision should be made carefully and with supporting documentation.
How to Determine Whether a Tenant Has Abandoned the Property
A landlord must perform a reasonable inspection and assessment to determine whether the tenant has abandoned the property.
Look for:
- Nonpayment of rent
- Utilities disconnected (electric, water, gas)
- No personal property present or trash-strewn condition
- Locks changed or keys returned
- Mailbox full of old mail (or mail forwarded to another address)
- No tenant communication
- No activity for at least half of the payment period (e.g. in a monthly payment tenancy, 15 days), with neighbors reporting vacancy
Signs that may indicate continued occupancy:
- Furniture or clothing present
- Utilities still active
- Vehicle still on premises
- Food in refrigerator
- Pet in unit (and well cared for)
- Rent paid (even partial)
When in doubt, do not assume abandonment. Instead, if rent is unpaid, proceed with a notice to pay rent, or if the tenant is otherwise in violation of the lease, deliver notice to cure/terminate as appropriate under F.S. 83.56.
Notice of Abandonment Determination
If the landlord believes the unit has been abandoned, it is best practice to issue a Notice of Intent to Retake Possession Due to Abandonment, which should:
- Identify the property address
- State that the landlord has reason to believe the tenant has abandoned the premises
- Provide the date and evidence supporting that conclusion
- Give the tenant an opportunity to dispute the abandonment determination, e.g. within 48 to 72 hours
- State that if no response is received, the landlord will retake possession and consider the lease terminated
Although not required by statute, this notice helps protect the landlord from claims of wrongful eviction and creates a documented trail of good faith.
Taking Possession and Terminating the Lease
If the tenant does not respond or confirm continued possession, and the evidence supports abandonment, the landlord may:
- Deliver notice of terminating the lease based on abandonment
- Enter the premises peaceably
- Document the condition of the unit with photos or video
- Handle the tenant’s personal property pursuant to the lease’ “no rights of storage” provision, but it does not exist, comply with F.S. ch. 715 (abandoned property procedures)
- Change the locks and secure the property
- Treat the lease as terminated
At this point, the landlord must determine how to proceed under F.S. 83.595, which governs landlord remedies after termination due to breach or abandonment.
Final Notice to the Tenant
After taking possession, the landlord may deliver a Final Lease Termination Notice Due to Abandonment, confirming that:
- The premises were deemed abandoned on [date]
- The lease is terminated effective [date]
- Possession was retaken by the landlord
- The landlord has selected a remedy under F.S. 83.595 [state which option]
- A security deposit claim (if any) will be issued under F.S. 83.49 or 83.491
This provides closure and legal clarity in the tenant file.
Summary
Lease termination due to abandonment must be approached with caution and proper documentation. Florida law provides a presumption of abandonment under F.S. 83.59(3)(c), but landlords should still give tenants an opportunity to contest the determination. Once abandonment is confirmed, the landlord may lawfully retake possession and must then choose a remedy under F.S. 83.595. Document every step and err on the side of caution—especially when signs of occupancy remain—to avoid liability for wrongful eviction.