If a tenant moves out or vacates the leased premises and leaves personal property items behind—whether an automobile, pots and pans, jewelry, or artwork—the landlord may be required to safely store the tenant’s abandoned property for some period of time after giving the tenant notice of the property that was abandoned and the right to pick up the property before the landlord may legally dispose of it and keep the proceeds of any sale of the items.
Under some state laws this time period begins when the landlord takes possession of the abandoned property and does not require the landlord to give the tenant notice of the abandoned property. And some states do not have a law (statute) on abandoned property—leaving the issue to be addressed by the terms of the lease agreement, or perhaps by previous court opinions that have addressed the issue (also known as case law or precedent).
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice vary from state to state, with the time period generally ranging from 5 days to 60 days. In some states the landlord may have a lien on such personal property items to the extent the tenant has a balance of unpaid rent due or the tenant caused damage to the leased premises in excess of any security deposit held by the landlord. And some lease agreements include a provision that defines the landlord’s and tenant’s rights and obligations regarding abandoned property.
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice are usually located in a state’s statutes but may also be included in city or municipal codes or ordinances.
In Florida, the handling of a tenant's abandoned property is governed by Florida Statutes, specifically Chapter 83, which deals with landlord and tenant relationships. When a tenant vacates the premises and leaves personal property behind, the landlord must follow specific procedures before disposing of the property. According to Florida law, the landlord must give the tenant notice, usually by mail, informing them of the abandoned property and providing a time frame within which the tenant can claim it. This time frame is typically 10 to 15 days. If the tenant does not respond or claim their property within the given time, the landlord may then dispose of the property. If the property is valued over a certain amount, the landlord may have to sell the items at a public sale after publishing notice of the sale. If the proceeds of the sale exceed the costs of storage, sale, and any outstanding rent or damages, the excess must be paid to the tenant if claimed within a certain period, or it will be forfeited to the landlord. Lease agreements may also include specific provisions regarding abandoned property, but these provisions must be consistent with state law.