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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55598
Experience:  Lawyer; developer/owner of RE developments.
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If a tenant that is being evicted takes most of her

Customer Question

If a tenant that is being evicted takes most of her belongings but leaves some behind cN I throw this out? She's been gone for over a month.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: There was no lease she showed up one day and said she was homeless she's an an ex sister in law. I told her she couldn't stay in my home. My brother has rooms off the back of my house that he lives in. She got in there and started bringing things in. My brother told her to leave I've told her to leave. She finally did but has left some things and I don't want them here because I'm afraid she will come back.
JA: Anything else you want the lawyer to know before I connect you?
Customer: She destroyed the rooms there are holes in the walls the doors have all been torn off windows broken out. Dog urine and defecation. Just ruined.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 11 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 11 months ago.

She has clearly abandoned her tenancy. So, once that has happened, the situation of abandoned property is specifically covered by the following Florida statute. If you have any questions regarding any provision of this statute, let me know and I'll be happy to provide additional guidance for you.

Florida Statutes 715.104 – Notification of former tenant of personal property remaining on premises after tenancy has terminated

Current as of: 2015 | Check for updates | Other versions

(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.

(2) 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.

(3) 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.

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Expert:  insearchoftheanswer replied 11 months ago.

Please let me know if I can help further. :)