Legal Question in Landlord & Tenant Law in Florida

Some friends moved out of my house and have left many of their personal items and some furniture here. They won't come and get their belongings. It's crowding space in two of my rooms. They have been gone several months. Never said thank you or good bye. I want to add their items to my yard sale. What are my rights?


Asked on 7/03/10, 1:19 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

First, make certain the tenant is really �out� legally. If the tenant was not evicted through the sheriff then the tenant may not have surrendered the premises. Abandonment must be clear and unequivocal.

The landlord is not required to store tenant belongings if the premises is abandoned. However, as abandonment must be must be clear and unequivocal if any significant property is left behind it is probably not abandonment.

Major changes were made to the statute that concerns the landlord�s obligations to store tenant property upon eviction that went into effect in June 2008.

In the event of eviction the sheriff will serve a Request for Storage form along with the writ of restitution. The tenant must return this form within three days.

If the tenant returns this form the landlord must store the tenant�s property for 30 days in a reasonably secure place.

If the tenant does not return the form the landlord is not obligated to store the tenant�s property. The landlord must store the property in a reasonably secure place. The landlord may store the belongings in the rental property.

The landlord must give notice to the tenant of the place of storage. The landlord may insist on reasonable moving and storage costs, but may not withhold the property for rent or any other reason.

After 30 days the landlord may dispose of unclaimed property.

RCW 59.18.310

RCW 59.18.312

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Answered on 7/03/10, 4:35 pm


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