Legal Question in Real Estate Law in Florida

Re: Abandoned property

It would seem that your legal position is safe. Landlord tenant matters are covered in Florida Statutes Chapter 83. There is no specific statute which deals with the problem you have presented.

The cases are generally brought in the County Court. The judges in the County Court (which is dubbed the "People's Court") listen to the parties and often fill in the gaps in the law by using common sense. I believe that based on what you have set forth herein, that a judge would consider the property abandoned after such a long period of time and not hold you responsible for any damages.

A landlord is generally entitled to reenter abandoned property after an extended absence. I do generally advise clients that although it will cost more, they are better off to obtain a court order before retaking possession under any circumstances unless the tenant has voluntarily surrendered possession and turned over the keys. As in any legal situation, you are advised to consult a lawyer who is experienced in landlord tenant matters who can review your individual situation and give you competent advice regarding your problem.

Scott R. Jay, Esq. (305) 249-8000