Legal Question in Landlord & Tenant Law in Florida
Landlord Rights
We own a mobile home in Pinellas County, Florida. The person moved out over two months ago leaving behind many items in the enclosed carport. Can we dispose of the items?
1 Answer from Attorneys
Re: Landlord Rights
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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. If it does not, then you should keep the property in a safe place for the benefit of the former tenant and notify them of its storage.
Scott R. Jay, Esq.
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