📘 When a tenant vacates—whether through eviction, abandonment, or simple move-out—landlords face the complex task of clearing personal property while navigating strict Florida statutes.
Mishandling abandoned belongings can lead to civil liability, conversion claims, and costly legal disputes. This guide outlines the legal steps required under Florida law to protect property owners while efficiently restoring rental units.
📌 Two Applicable Statutes:
§ 715.104-109 – Disposition of Personal Property Landlord and Tenant Act
Applies to voluntary move-outs, non-renewals, and known forwarding addresses.
§ 83.67(5) – Removal of Tenant Property (Evictions)
Applies after writ of possession executed by sheriff.
3-Step Compliance Framework
1. Notice of Right to Claim
Send via certified mail to tenant's last known address
Describe property with reasonable particularity
State storage location and cost (max $15/day allowed by law)
Include deadline: 15 days from notice delivery
Statement: "FAILURE TO CLAIM MAY RESULT IN DISPOSAL"
⏳ Day 0 – Day 15
2. Storage Period
Store property in safe, dry location
Maintain detailed inventory with photos
Document all storage costs (receipts required)
Personal documents, photographs, heirlooms: 7-day hold after unclaimed
No commingling with other tenant property
⏳ Day 16 – Day 30+
3. Disposal or Sale
If value > $500, may require public sale (advertise locally)
If value < $500, may donate, recycle, or dispose
Apply proceeds to: storage costs + disposal fees
Remaining balance held for tenant (12 months)
Document all transactions; retain records 2+ years
⚠️ Liability after improper disposal
Common Scenarios & Requirements
🏠 Voluntary Move-Out
Applies: § 715.104
Tenant surrenders unit, leaves belongings. Must send notice to last known address. If no forwarding address, hold 15 days from date property came into possession.
⚖️ Eviction (Writ of Possession)
Applies: § 83.67(5)
Sheriff executes writ; landlord may immediately remove property to curb. No notice required under 83.67, but must not interfere with tenant's right to retrieve within reasonable time.
⚠️ Caution: Some circuits require 24-48 hour post-eviction hold. Consult local court rules.
❓ Presumed Abandonment
Applies: § 83.59(3)(a)
Tenant absent 15+ days, rent unpaid, no communication. Landlord may enter, secure premises, and follow § 715 procedures. Reasonable belief required.
💵 High-Value Items
Vehicles, boats, RVs: Require additional procedures under Chapter 713.68. Contact local law enforcement for guidance.
Documentation: Your Best Defense
Photographic Evidence
Time-stamped photos of every room, each item, and overall condition. Document date, time, and property address in file metadata.
Detailed Inventory
Itemized list with descriptions, estimated value, and condition notes. Use standardized form; sign and date.
Certified Mail Receipts
Green cards, tracking numbers, returned envelopes. Proof of delivery is essential if tenant claims no notice.
Cost Records
Storage fees, labor hours, disposal receipts. Florida law permits deduction from sale proceeds.
Common liability trap: "Curbing" tenant belongings immediately after eviction without inventory. If tenant later claims valuable items were present, lack of documentation presumes your liability. Always photograph before moving.
Permitted Disposal Methods
♻️
Donation
Habitat ReStore, Salvation Army, Goodwill. Requires signed donation receipt.
🏭
Landfill/Transfer Station
North Central Landfill (Winter Haven), Combee Rd (Lakeland). Proof of residency/business account required.
🔨
Scrap Recycling
Appliances, metal items. Schnitzer, SA Recycling. Weigh tickets as documentation.
Professional tip: Many Florida counties offer bulk waste pickup for residential properties. Landlords may schedule as "resident" if property is classified residential. Verify with Polk County Solid Waste: 863-284-4319.
When Compliance Meets Practicality
Large eviction cleanouts, hoarding situations, or properties with extensive abandoned belongings require efficient, documented disposal. Professional junk removal services provide time-stamped photos, detailed inventories, and disposal receipts—creating the documentation trail that protects landlords.
Florida landlord tip: Always include a "Abandoned Property" clause in your lease agreement. Specify that unclaimed property after 15 days may be disposed of per Florida Statute § 715. While leases cannot override statutory notice requirements, they establish tenant acknowledgment of procedures.