Legal Guide · Tenant Property Left Behind · Florida
Quick Answer
In Florida, a landlord or apartment manager may not simply take or discard a tenant's belongings. Section 83.67(5) allows removal only after surrender, abandonment, the death of the last tenant under §83.59(3)(d), or a lawful eviction. From there, three lawful paths exist: removal to the property line when a writ of possession is executed (§83.62), a lease legend that applies on surrender or abandonment (§83.67(5)), or the notice procedure in §715.10 through §715.111. This is general information, not legal advice; consult a Florida attorney.
By Jean Taveras, Broker-Owner, Atlis Property Management · Updated October 2026
Every landlord eventually opens a door to a home that is empty of people and full of things: a couch, a closet of clothes, boxes in the garage, a television on the wall. The instinct is to clear it out. In Florida, that instinct can be expensive. The statutes treat a former tenant's belongings as the tenant's property until a lawful process says otherwise.
This guide explains when an apartment manager or landlord may remove items, the three lawful paths the statutes provide, and the mistakes that turn a cleanout into a claim. It is general information, not legal advice. For a specific situation, especially one involving valuable items, vehicles, or property that may belong to someone else, talk to a Florida landlord-tenant attorney.
The Rule: Removing a Tenant's Property Is the Exception
Florida Statute §83.67(5) says a landlord shall not remove the tenant's personal property from the dwelling unit unless the removal happens after surrender, abandonment, recovery of possession after the death of the last remaining tenant under §83.59(3)(d), or a lawful eviction. The same section bars cutting off utilities or changing locks to keep a tenant out.
Under §83.67(6), a landlord who violates the section is liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees, and repeated violations can draw separate awards. Chapter 83 defines the landlord as the owner or lessor, and an apartment manager acts on that landlord's behalf; §83.62(2) and §715.102 both expressly include the landlord's agent. The practical lesson for a manager is the same as for an owner: know which path you are on before anything leaves the unit. Our guide to Florida landlord-tenant law covers the wider act.
When Has the Tenant Actually Left?
Everything depends on whether the tenancy has ended and the tenant has given up possession. Florida Statute §83.59(3) says a landlord may recover possession only through a court action, when the tenant surrenders possession, when the tenant abandons the unit, or in the specific case of a deceased last remaining tenant.
- Surrender is the tenant giving possession back, typically by returning the keys and moving out at the end of the lease or by agreement.
- Abandonment has a statutory presumption. Without actual knowledge of abandonment, it is presumed if the tenant is absent for a period equal to one-half the time between rent payments. The presumption does not apply if the rent is current or the tenant notified the landlord in writing of an intended absence.
- Eviction means a judgment for possession and a writ executed by the sheriff. Our guide to the Florida eviction process walks through each step.
If none of these has happened, the belongings are not abandoned, and removing them is the kind of self-help §83.67 prohibits. When the facts are unclear, such as a tenant who seems gone but whose rent is current, talk to an attorney before acting. Our guide to unlawful detainer versus eviction covers occupants who were never tenants.
Path 1: Removal When a Writ of Possession Is Executed
After a judgment for the landlord, Florida Statute §83.62 directs the clerk to issue a writ of possession, and the sheriff posts 24 hours' notice on the premises before putting the landlord in possession. Under §83.62(2), at the time the sheriff executes the writ or any time after, the landlord or the landlord's agent may remove personal property found on the premises to or near the property line.
The landlord may ask the sheriff to stand by to keep the peace while the locks are changed and the property is removed, and the sheriff may charge a reasonable hourly rate for that time, paid by whoever requests it. The statute then says neither the sheriff nor the landlord or agent is liable to the tenant or anyone else for loss, destruction, or damage to the property after it has been removed. Our eviction service page explains how the court process fits together.
Path 2: The Lease Legend for Surrender or Abandonment
Section 83.67(5) offers a second path that is set up when the lease is signed. If the rental agreement, or a separate written agreement, provides for it, then upon surrender or abandonment the landlord is not required to follow the §715.104 notice procedure and is not liable or responsible for storage or disposition of the tenant's property. When the provision is in the rental agreement itself, the statute requires a printed or clearly stamped legend in substantially the form it sets out.
Two cautions. First, the legend applies to surrender and abandonment as the statute defines them, so it does not shortcut the question of whether the tenant has actually left. Second, wording matters; a homemade clause that does not track the statute may not deliver the protection. Have an attorney review your lease form. Our guide to compliant Florida lease agreements covers what else belongs in it.
Path 3: The Notice Procedure in §715.10 Through §715.111
Florida's Disposition of Personal Property Landlord and Tenant Act, sections 715.10 through 715.111, provides an optional procedure for property left after a tenancy has ended and the tenant has vacated through eviction, surrender, abandonment, or otherwise. Under §715.101, it applies to tenancies under chapter 83, it does not cover property owned by a utility, and if its requirements are not met, the act does not change anyone's rights or liabilities.
| Step | What the statute requires |
|---|---|
| Written notice (§715.104) | To the former tenant and anyone the landlord reasonably believes owns the property; describe the items; say where to claim them and that reasonable storage costs may be charged |
| Claim date (§715.104) | Not fewer than 10 days after personal delivery, or not fewer than 15 days after mailing by first-class mail |
| Notice form (§715.105, §715.106) | Substantially the statutory form, with one of two statements: public sale, or that items believed worth less than $500 may be kept, sold, or destroyed |
| Storage (§715.107) | Leave the items in the unit or store them in a place of safekeeping with reasonable care |
| Release (§715.108) | Release to the tenant or apparent owner who pays reasonable storage and advertising costs by the claim date |
| Sale or disposal (§715.109) | Public sale after advertising, or keep or dispose of the items if their total resale value is reasonably believed to be under $500 |
| Storage costs (§715.111) | Do not charge more than one person for the same costs; storage in the unit is valued at the fair rental value of the space used |
Notice details that matter
Under §715.104, the notice must describe the property well enough for the owner to identify it. Property left out of the notice is not protected, though a locked container may be described as such. The notice goes by personal delivery or first-class mail to the last known address, and also to any other address where the landlord has reason to believe the person will actually receive it. Section 715.105 supplies a form notice that satisfies the requirement.
Sale, the $500 line, and the county
If items are not claimed, §715.109 requires a public sale by competitive bidding, advertised once a week for 2 consecutive weeks in a newspaper of general circulation, with the sale at least 10 days after the first publication and the last publication at least 5 days before the sale. After the costs of storage, advertising, and sale are deducted, any unclaimed balance goes to the county treasury within 30 days of the sale, and the former tenant may claim it within 1 year. If the landlord reasonably believes the total resale value of the unclaimed items is less than $500, the landlord may keep them or dispose of them in any manner. When the procedure is followed, §715.11 limits the landlord's liability, and §715.111 governs storage charges.
What Does Not Change: Security Deposit Deadlines
Belongings left behind do not pause the security deposit clock. Under Florida Statute §83.49, after the tenant vacates, the landlord has 15 days to return the deposit if there is no claim, or 30 days to send a written notice of intent to impose a claim. Run the property process and the deposit process side by side, and keep the records for each separate. Our guides to security deposit rules and deposit law in Palm Beach Gardens cover the deposit side in detail.
Common Mistakes Landlords and Managers Make With Left-Behind Items
- Clearing the unit before possession is settled. If the tenant has not surrendered, abandoned, or been evicted, removing belongings risks liability under §83.67(6).
- Treating everything as trash. Furniture, electronics, documents, and personal items are not garbage. When in doubt, describe it and store it.
- Keeping items for personal use without the notice process. The under-$500 option in §715.109 comes after a proper notice and an unclaimed deadline, not before.
- A vague notice. Property left out of the notice is not covered by the act's liability protection. Photograph everything and describe it.
- Relying on a homemade lease clause. The legend in §83.67(5) has statutory wording for a reason. Have an attorney review the form.
- Holding the deposit hostage to the cleanout. The §83.49 deadlines run regardless. Our legal compliance guide lists other deadlines that catch landlords.
How Atlis Handles Move-Outs
Atlis is a broker-owner led residential management firm on PGA Boulevard in Palm Beach Gardens, serving owners across Palm Beach County. Our results include a 74% renewal rate, 98%+ of rent collected monthly, and a 21-day average lease-up. For any owner, move-outs are where documentation pays for itself: dated photos of the home and anything left in it, itemized records, the statutory deposit timelines, and an attorney when a court matter is involved. Management is full service only at 5 to 9 percent of collected rent with a $200 monthly minimum, and our eight written guarantees put our commitments in writing.
From Our Files
Every takeover we accept starts with three property walks: a forensic walk, a systems walk, and an owner walk. The forensic walk documents the home's condition room by room with dated photos, so the record starts clean no matter what the prior paperwork says. The systems walk checks the air conditioning, water heater, plumbing, electrical panel, and shutoffs. The owner walk reviews what we found with the owner. When a move-out comes, the comparison is against our own photos, which is exactly the kind of record a dispute over left-behind property or deposit deductions turns on.
Frequently Asked Questions
Can a landlord in Florida throw away a tenant's belongings?
Only in limited situations. Florida Statute §83.67(5) says a landlord may not remove a tenant's personal property from the unit unless it is done after surrender, abandonment, recovery of possession after the death of the last remaining tenant under §83.59(3)(d), or a lawful eviction. Even then, the safest course is to follow one of the procedures the statutes provide: removal at a writ of possession, a lease legend for surrender or abandonment, or the notice procedure in §715.10 through §715.111. This is general information, so consult a Florida attorney about a specific situation.
What happens to a tenant's belongings after an eviction in Florida?
Under Florida Statute §83.62, after judgment the clerk issues a writ of possession, and the sheriff posts 24 hours' notice before putting the landlord in possession. At the time the sheriff executes the writ, or any time after, the landlord or the landlord's agent may remove personal property found on the premises to or near the property line. The landlord may ask the sheriff to stand by while the locks are changed, at the sheriff's hourly rate. The statute says neither the sheriff nor the landlord is liable for loss of the property after it is removed.
How long must a Florida landlord wait before disposing of abandoned property?
Under the optional procedure in Florida Statute §715.104, the written notice must give the former tenant a claim date not fewer than 10 days after the notice is personally delivered, or not fewer than 15 days after it is mailed. The notice must describe the property, say where it can be claimed, and explain that reasonable storage costs may be charged. The property must be stored with reasonable care until it is released or disposed of. Different rules apply after a writ of possession or under a valid lease legend.
Can a landlord keep or sell items a tenant left behind?
Under Florida Statute §715.109, if property described in a proper notice is not claimed, it must be sold at a public sale by competitive bidding after advertising, with leftover proceeds paid to the county. There is one exception: if the landlord reasonably believes the total resale value of the unclaimed property is less than $500, the landlord may keep it or dispose of it in any manner. That exception applies only after the notice procedure has run, which is why taking items without notice is the risky path.
Do I still have to return the security deposit on time if the tenant left belongings?
Yes. Florida Statute §83.49 sets its own deadlines after the tenant vacates: return the deposit within 15 days if there is no claim, or send a written notice of intent to impose a claim within 30 days. Left-behind belongings do not pause those deadlines, so handle the property and the deposit on parallel tracks. Document the condition of the home and the items with dated photos, and keep the property questions separate from the deposit accounting. Consult a Florida attorney if the two overlap in a dispute.
How can a property manager help when a tenant leaves belongings behind?
A good manager treats the move-out as a documented process: confirming that the tenant has surrendered or abandoned the home or that a writ has been executed, photographing the home and every item left in it, choosing the statutory path that applies, and keeping the security deposit timeline on its own track. For court matters, the owner's attorney should be involved. Atlis manages residential rentals across Palm Beach County, full service only at 5 to 9 percent of collected rent with a $200 monthly minimum, backed by eight written guarantees.
The safest cleanout is a documented one that follows a statutory path. If you own a Palm Beach County rental, we are glad to talk it through.
Sources
- Florida Statutes §83.67: Prohibited practices
- Florida Statutes §83.62: Restoration of possession to landlord
- Florida Statutes §83.59: Right of action for possession
- Florida Statutes §83.49: Deposit money or advance rent
- Florida Statutes §715.101: Application of ss. 715.10-715.111
- Florida Statutes §715.102: Definitions of terms used in ss. 715.10-715.111
- Florida Statutes §715.104: Notification of former tenant of personal property remaining on premises
- Florida Statutes §715.105: Form of notice concerning abandoned property to former tenant
- Florida Statutes §715.109: Sale or disposition of abandoned property
- Florida Statutes §715.11: Nonliability of landlord after disposition of property
- Florida Statutes §715.111: Assessing costs of storage
About the Author
Jean Taveras is the Broker-Owner of Atlis Property Management (FL Brokerage CQ1071712), a boutique, broker-led residential management firm headquartered on PGA Boulevard in Palm Beach Gardens. Atlis manages single-family homes, townhomes, condos, and small multifamily across Palm Beach County and backs every account with eight written guarantees. Questions about a specific property: 561.473.3664 or info@atlispm.com.
