Florida Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   Florida's Notice of Right to Reclaim Abandoned Property, printed in section 715.105, is the written notice that tells a former tenant what was left, where to claim it and the last date to do so. Section 715.101(2) calls the whole Disposition of Personal Property Landlord and Tenant Act an optional procedure, and section 715.101(4) says that if its requirements are not satisfied, nothing in it affects the rights and liabilities of the landlord, the former tenant or anyone else. The form is the price of the Act's protection.

2. 2

   The Act starts when personal property remains on the premises after a tenancy has terminated or expired and the tenant has vacated, through eviction or otherwise. Section 715.104(1) then requires written notice to the tenant and to any other person the landlord reasonably believes to be the owner, and section 715.106 prints a separate version of the form for those other owners, such as a rent-to-own company or a roommate.

3. 3

   The claim date must be not fewer than 10 days after the notice is personally delivered or, if mailed, not fewer than 15 days after it is deposited in the mail. Mail goes first-class, postage prepaid, to the last known address, and if there is reason to believe it will not arrive there, also to any other address the landlord knows where the person may reasonably be expected to receive it.

4. 4

   The goods must be described well enough for the owner to identify them. A trunk, valise, box or other container that is locked, fastened or tied may be described as such without listing its contents. Anything left out of the notice falls outside the limitation of liability in section 715.11, which protects a landlord only for property the notice described.

5. 5

   The $500 figure is about total resale value as the landlord reasonably believes it to be. Under section 715.109(1), unclaimed goods go to public sale by competitive bidding, but if that belief puts the total under $500 the landlord may retain them or dispose of them in any manner. The notice must carry the matching statement from section 715.105(2), and either the landlord or the tenant may bid at a public sale.

6. 6

   A public sale is advertised once a week for 2 consecutive weeks in a newspaper of general circulation where it will be held, naming the goods, the former tenant and the time and place. The sale must be at least 10 days after the first publication and the last publication at least 5 days before it, or, with no such newspaper, notice is posted in at least six conspicuous places in the neighborhood 10 days ahead. The balance after costs goes into the county treasury within 30 days of the sale.

7. 7

   While the goods wait, the landlord either leaves them on the vacated premises or stores them in a place of safekeeping, must use reasonable care, and is liable for loss only if caused by a deliberate or negligent act. A former tenant who claims may be charged reasonable storage for all the property left; another owner pays only for what they claim; nobody may be charged twice for the same cost; and storage on the premises is priced at the fair rental value of the space it reasonably needs.

Florida Requirements for Abandoned Tenant Property Notice

• The Termination or Expiry of the Tenancy and the Vacated Premises

  Record the date the tenancy terminated or expired and that the premises were vacated, whether by eviction, surrender, abandonment or otherwise. Sections 715.101(2) and 715.104(1) start the procedure only at that point. Note which part of chapter 83 governed the tenancy, or that possession followed a writ under section 723.062, since section 715.101(1) brings those tenancies within the Act.

• Every Person You Reasonably Believe Owns Any of the Goods

  Section 715.104(1) requires notice to the former tenant and to any other person the landlord reasonably believes to be the owner. Use the section 715.105 form for the tenant and the section 715.106 form for each other owner. Under section 715.102(4) reasonable belief can include what a reasonably priced investigation would reveal, where you have specific information pointing to one.

• A Description Adequate to Identify the Property

  Describe the goods in a manner reasonably adequate to permit the owner to identify them. A trunk, valise, box or other container that is locked, fastened or tied may be described as such. Property not described in the notice is outside the limitation of liability in section 715.11, so list everything you intend to dispose of.

• The Claim Location and a Claim Date of at Least 10 or 15 Days

  State where the property may be claimed and the date before which the claim must be made: not fewer than 10 days after personal delivery or, if mailed, not fewer than 15 days after deposit in the mail. Write the calendar date into the form's blank, and advise that reasonable costs of storage, and advertising if any, may be charged before the property is returned.

• The Correct Mandated Statement Under Section 715.105(2)

  Insert statement (a), public sale after publication with the balance paid to the county and claimable within 1 year, or statement (b), that the property is believed to be worth less than $500 and may be kept, sold or destroyed without further notice after the claim date. Choose on your reasonable belief about total resale value, and keep photographs and notes supporting it.

• Personal Delivery or First-Class Mail, With Proof

  Deliver personally or by first-class mail, postage prepaid, to the last known address. If there is reason to believe mail there will not be received, also send it to any other address known to you where the person may reasonably be expected to receive it. Keep the date and method on record, because the minimum claim date runs from it.

• Storage With Reasonable Care, and the Costs You Can Charge

  Leave the goods on the vacated premises or store them in a place of safekeeping and use reasonable care. A claiming former tenant may be charged reasonable storage for all the property left; another owner only for what they claim; never charge two people for the same cost. Storage on the premises is the fair rental value of the space reasonably required, under section 715.111(3).

• The Public Sale Record and the County Treasury Payment

  If statement (a) applies, advertise once a week for 2 consecutive weeks in a newspaper of general circulation where the sale will be held, or post in six conspicuous places if there is none. Hold the sale at least 10 days after the first publication and 5 days after the last. Deduct storage, advertising and sale costs and pay the unclaimed balance into the county treasury within 30 days of the sale.