If you rent out property to tenants, you will inevitably have to deal with an eviction at some point. Evictions can happen for many reasons, including non-payment of rent, violation of the rental agreement, criminal activity, etc. When an eviction happens, it is not uncommon for the tenant to be evicted to leave items inside the rental property. While you may be inclined to just throw these items away, you are legally obliged by Florida law to protect the former tenant’s property for a set amount of time before disposal becomes an option. Read on to learn the steps for dealing with a tenant’s left-behind property after an eviction here in the Sunshine State.
-
Inventory & Take Photos/Video
The first step is to take a complete inventory of all items the tenant left behind, including taking photos and/or video of everything. It’s best practice to take photos and/or video of all the items “as they lie”, meaning in the exact place the tenant left them.
-
Store the Items
Once all the items are inventoried and documented, you can choose to store them either in the rental property or in a separate storage unit. Since landlords often want to get the rental unit ready for a new tenant as quickly as possible, storing the tenant’s left-behind items in a storage unit is often the method of choice. Be sure to keep up with all expenses related to moving and storing the items, as the tenant will likely be responsible for paying these costs.
-
Notify the Former Tenant
Now that the items are all inventoried and stored, it’s time to formally notify the former tenant that they have left their items behind. Include in this notice:
- Tenant’s full name
- Location where the items were left
- Description of the abandoned items
- Deadline to retrieve the items
- Retrieval location address
- Itemized statement of all costs incurred (storage, transportation, etc.)
Deliver this notice to the former tenant in person or via mail. We suggest using a qualified process server to deliver this notice since they will add credibility to your claims should the former tenant try to say that they were never notified. If you do choose to deliver the notice yourself in person, be sure to document the delivery and any interactions on video. If you choose to deliver the notice via mail, use a mail service that offers tracking and signature confirmation.
-
Wait for the Required Period of Time
In Florida, if the abandoned items notice is delivered in person, the former tenant has ten days to retrieve the abandoned items. For notices delivered via mail, the former tenant has 15 days for retrieval. Be sure to wait the full length of time before doing anything further with the abandoned items.
-
Report Abandoned Property
If the former tenant does not retrieve their items after the required waiting period, you can then begin disposing of the items yourself. However, for larger, high-value items like vehicles, you may need to make an abandoned property report with the local police. Check your local laws and regulations for specific requirements.
-
Sell or Dispose of Items
For items that do not require an abandoned property report, you are now free to sell or dispose of the items as you please. This is a great time to recoup some of the costs you’ve incurred transporting and storing the items, along with any other costs related to the eviction or tenancy. Many landlords use platforms like Craigslist, eBay, and Facebook marketplace to sell abandoned items for a profit.
-
Document Everything
No matter what happens during the eviction process, it is vital for landlords to document everything. Every phone call, every text message, every in-person interaction…everything. It’s not unheard of for a former tenant to claim that they never received notice about abandoned property or that the landlord sold/disposed of the property before the required waiting period was over, so thorough documentation on your part will make the court process much easier.
Evictions Made Easy in Southwest Florida
When you choose a high-quality property management company to deal with your tenant evictions, like Douglas Realty & Property Management in southwest Florida, you won’t have to worry about figuring out what to do with abandoned items. We handle all parts of the eviction process for you from start to finish, including disposing of any abandoned items and getting your property ready for the next tenant. To get started with our convenient property management services in Cape Coral, Ft. Myers, San Carlos, Lehigh Acres, Port Charlotte, Punta Gorda, or North Port, give us a call at 239-542-6906 or send us a message online.
