The Law

Florida Statutes 83.59 defines when a Landlord has the right of possession of the property. The Landlord has the right of possession after an eviction has been completed, when a tenant surrenders the premises and when the unit has been abandoned. The law defines abandonment:

FS 83.59 (d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the Landlord has not been notified in writing of the existence of a probate estate or the name and address of a personal representative. This paragraph shall not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s.202, s. 221 (d) (3) and (4), s. 236, or s.8 of the National Housing Act as amended.

The Mechanics of the Tenant Death

Under the law if the following is in place, the unit is considered abandoned.

1. The last remaining tenant is deceased
    
2. Personal property remains on the premises
    
3. Rent is unpaid
    
4. At least 60 days have elapsed since death
    
5. The Landlord has not been notified in writing that there is an estate opened or that a personal representative has been appointed.

Why Do We Need to Wait 60 Days?

While it would have been ideal if this time period was shorter, it takes time for an estate to be opened, and this allows the relatives the time to hire an attorney and effectuate this if they intend to do so, and time for the Landlord to be notified.  Most of the time an estate will NOT be opened.

Now What About the Abandoned Property?

Getting possession of the unit is indeed the Landlord’s primary goal, but now we still have abandoned property left behind; FS 83.67, sets out when and how abandoned property can be removed. FS 83.67 allows the removal of personal property if the Landlord takes possession of the unit by “recovery of possession of the dwelling unit due to the death of the last remaining Tenant in accordance with 83.59(3) (d)”. As you can see, now both these statutes tie in nicely to allow for the unit to be considered abandoned and allowing the Landlord to dispose of the abandoned property.

Some Final Thoughts

Since a Landlord will not have to deal with this situation on a regular basis, we recommend that upon a tenant death, the Landlord contact us to make sure all the steps have been followed. As the statute indicates, some federally governed programs are excluded, and legal advice is always recommended to avoid a potentially expensive mistake.

 

TIPS           1. CHANGE THE LOCKS IF YOU THINK SOME OTHER PERSON HAS A KEY. ITS IS A GOOD IDEA TO CHANGE THE LOCKS NO MATTER WHAT.

2. A DURABLE POWER OF ATTORNEY OR ANY POWER OF ATTORNEY HELD BY SOMEONE HAS NO MEANING. THE POWER OF ATTORNEY DIES AND HAS NO MORE MEANING WHEN THE TENANT DIES.

3. AN EMERGENCY CONTACT HAS NO MEANING WHEN IT COMES TO ACCESS.

4. A RELATIVE HAS NO RIGHTS TO ACCESS OR POSSESSION OF THE PERSONAL PROPERTY OR THE UNIT.

5. HAVE A LICENSED AND INSURED HAZMAT REMEDIATOR CLEAN THE UNIT IF THIS IS NECESSARY, DISPOSING ONLY ITEMS THAT MUST BE DISPOSED OF.

6. IF A PERSONAL REPRESENTATIVE A/K/A EXECUTOR IS APPOINTED CALL US ASAP

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