Tenant Left Belongings Behind in Florida? What Landlords Can Legally Do (2026)

October 15, 2026

The keys are back, the unit is quiet, and then you open the door: a couch, boxes in the closet, a TV on the wall, maybe a bike on the patio. What can you legally do with a former tenant’s belongings in Florida? Toss it too soon and you can face a claim. Wait too long and you lose rent while the unit sits. Florida has a clear process for this, and one lease clause can make it much simpler.

Written by Jon C. Schmitt, Licensed Florida Real Estate Broker & Owner of True Patriot Property Management. Last updated October 2026. Checked against F.S. 715.10 to 715.111, 83.59, 83.62 and 83.67 (Florida Statutes).

The quick answer

You can deal with a former tenant’s belongings once the tenancy has ended and the tenant has left, whether by eviction, surrender, or abandonment. Florida’s Disposition of Personal Property Landlord and Tenant Act (F.S. 715.104 through 715.109) gives you an optional, safe process: send a written notice, give the tenant at least 10 days (hand delivered) or 15 days (mailed) to claim the items, then sell them at a public sale or, if they are worth less than $500 in total, keep or dispose of them. If your lease has the abandoned property clause allowed by F.S. 83.67(5), you can skip that notice process after surrender or abandonment.

Three situations, three sets of rules

Situation	What you can do	Statute
After an eviction (writ of possession executed)	Move the tenant’s property to or near the property line; no liability after removal	F.S. 83.62(2)
Tenant surrendered or abandoned, and the lease has the abandoned property clause	Not required to follow the 715 notice process; not liable for storage or disposition	F.S. 83.67(5)
Tenant surrendered or abandoned, no lease clause	Use the written notice process, then release, sell, or dispose of the items	F.S. 715.104 to 715.109

Step 1: Make sure the tenancy is really over

Everything in this guide only applies after the tenancy has ended and the tenant has vacated. Removing a tenant’s belongings while they still have a right to the unit is a prohibited practice under F.S. 83.67, and the penalty is actual and consequential damages or 3 months’ rent, whichever is greater, plus attorney’s fees.

A tenancy is clearly over when the tenant hands back the keys (surrender), when the sheriff executes a writ of possession after an eviction, or when the unit is abandoned. Florida presumes abandonment when the tenant has been gone for half of the rental period, such as about 15 days on a monthly lease, and the rent is unpaid. That presumption does not apply if the rent is current or the tenant told you in writing about an intended absence (F.S. 83.59(3)(c)). If you are not sure, filing an eviction is safer than guessing.

Step 2: Check your lease for the abandoned property clause

Florida lets you avoid most of this process with one lease provision. Under F.S. 83.67(5), if the rental agreement (or a separate written agreement) says so, then upon surrender or abandonment the landlord is not required to comply with F.S. 715.104 and is not liable for storing or disposing of the tenant’s personal property. If the clause is in the lease itself, the statute requires a printed or clearly stamped legend in substantially this form:

“BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED 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 current leases do not include it, add it at your next renewal. Our Florida lease agreement guide covers the other clauses worth having.

Step 3: Without the clause, send the written notice

If the lease does not have the clause, use the notice process in F.S. 715.104. It is called optional, but it is what protects you from liability later (F.S. 715.11). Here is what the notice must do:

Describe the property well enough for the owner to identify it. A locked or taped box can be described as a box without listing its contents.
Say where the property can be claimed and that reasonable storage costs may be charged before it is returned.
Give a claim deadline of at least 10 days after the notice is personally delivered, or at least 15 days after it is mailed.
Include one of two statements: either that the property will be sold at a public sale, or that because it is believed to be worth less than $500, it may be kept, sold, or destroyed without further notice.
Deliver it in person or by first-class mail to the tenant’s last known address, and to any other address where you know they can be reached.

Florida law provides a sample form, titled “Notice of Right to Reclaim Abandoned Property,” in F.S. 715.105. If you believe some of the items belong to someone else, such as a rented appliance or furniture, send that person a notice too (F.S. 715.106).

Step 4: Store the items with reasonable care

Until the deadline passes, you can leave the items in the unit or move them to a safe storage place. You must use reasonable care, but you are not liable for a loss unless it was caused by your deliberate or negligent act (F.S. 715.107). If the tenant comes back by the deadline and pays the reasonable costs of storage and advertising, you must release the items (F.S. 715.108).

Step 5: Sell or dispose of what is not claimed

Total value under $500: you may keep the items or dispose of them any way you choose (F.S. 715.109(1)).
Total value $500 or more: the items must be sold at a public sale by competitive bidding. Advertise the sale once a week for 2 consecutive weeks in a newspaper of general circulation, with the first ad at least 10 days before the sale and the last at least 5 days before. After deducting storage, advertising, and sale costs, any remaining money goes to the county within 30 days of the sale, and the former tenant has 1 year to claim it from the county (F.S. 715.109).

Once you follow these steps, you are protected from liability to anyone who received notice (F.S. 715.11).

After an eviction: the property line rule

Evictions have their own, faster rule. When the sheriff executes the writ of possession, or any time after, you or your agent may move the tenant’s personal property to or near the property line. You can ask the sheriff to stand by and keep the peace while you change the locks, and the sheriff may charge an hourly rate for that. Neither you nor the sheriff is liable for the property after it is removed (F.S. 83.62(2)).

Common mistakes to avoid

Clearing out a unit because the rent is late. Late rent alone does not end the tenancy.
Assuming the tenant is gone without the half-rent-period test or written confirmation.
Throwing things away with no notice and no lease clause.
Guessing the value. If items look like they could be worth $500 or more together, use the public sale route or get the tenant to sign a release.
Skipping photos. Take photos of everything left behind, the same way you would at a move-out inspection.

Belongings left behind are also not a reason to skip the security deposit deadlines. Reasonable removal or cleaning costs may be part of a proper deposit claim, but the 15-day and 30-day rules still apply.

Want move-outs handled for you?

True Patriot Property Management handles move-out inspections, abandoned property notices, deposit claims, and turnover for owners in Palm Beach County and Southwest Florida. Schedule a free market evaluation to see how we would manage your rental.

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Or call 561-502-3227

Frequently asked questions

What can a Florida landlord do with belongings a tenant left behind?

After the tenancy ends and the tenant has vacated, the landlord can follow the procedure in F.S. 715.104 to 715.109: send a written notice describing the property, give the tenant at least 10 days (hand delivered) or 15 days (mailed) to claim it, then either sell it at a public sale or, if it is worth less than $500 in total, keep or dispose of it.

How long does a landlord have to keep a tenant’s belongings in Florida?

Under the optional notice procedure, the claim deadline must be at least 10 days after the notice is personally delivered, or at least 15 days after it is mailed. If the lease has the abandoned property clause allowed by F.S. 83.67(5), the landlord does not have to follow that procedure after surrender or abandonment.

When is a Florida rental considered abandoned?

Without actual knowledge, Florida presumes abandonment if the tenant has been absent for half of the rental period, such as about 15 days on a monthly lease, and the rent is unpaid. The presumption does not apply if the rent is current or the tenant told the landlord in writing about an intended absence (F.S. 83.59(3)(c)).

Can I throw out a tenant’s things after an eviction?

After the sheriff executes the writ of possession, the landlord or agent may move the tenant’s personal property to or near the property line, and neither the landlord nor the sheriff is liable for it after it is removed (F.S. 83.62(2)).

Can a landlord remove a tenant’s belongings before the tenancy ends?

No. Removing a tenant’s personal property is illegal except after surrender, abandonment, a lawful eviction, or the specific death of the last remaining tenant situation in F.S. 83.59(3)(d). A landlord who breaks this rule owes actual and consequential damages or 3 months’ rent, whichever is greater, plus attorney’s fees (F.S. 83.67).

This article is general information for Florida rental owners and is not legal advice. Abandoned property and eviction situations are fact-specific, so consult a qualified Florida attorney before disposing of anything of value.

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