Landlord Obtaining Possession Florida? In Florida, there are three (3) ways a Landlord can obtain possession. Specifically, they are by (1) Eviction (through the Court system); (2) Surrender; and (3) Abandonment. This brief explanation always leads into the next question, what is Abandonment? Per Florida Statute 83.59
(c)…”In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or
(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 of the name and address of a personal representative.”
Are you a Florida Landlord? We are Landlord Attorneys. The Law Office of Ryan S. Shipp, PLLC is here to help. Call us today @ (561) 699-0399 or visit us at our Lantana, Florida office location.