Legal Question in Landlord & Tenant Law in Florida

Re: Abandonment of Property

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Maybe. Under Chapter 83 - Residential tenancies - 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:

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

If your rental agreement contained the above or similar language, you are probably not responsible and would not have to give the property back. If it does not, then you should have kept the property in a safe place for the benefit of the former tenant and notified them of its storage. You would be required to give it back to them but could probably charge a reasonable fee for the storage.

Scott R. Jay, Esq.