Whether you're a landlord who owns commercial
properties or residential rentals, sooner or later you'll experience a problem
tenant who won't pay. Most of the time, this kind of situation won't end
without some sort of legal action on your part — although some tenants do
simply disappear in the night.
Either way, you may find a lot of the tenant's
personal property left behind, from office furniture and factory equipment to
electronics, clothes, and piles of junk. As a landlord, you should understand
your legal rights and obligations in this situation.
What Happens If the
Tenant Was Evicted?
If you went through the full process of
evicting your tenant, you can usually remove the property he or she left behind
at any point after the sheriff has executed the writ of possession.
You are under no legal obligation, at that
point, to do anything further than place the items on the property line
(basically, where the trash goes). But many would advise that you at least
attempt to notify the tenant of when that will happen.
Notifying the tenant gives him or her the
opportunity to retrieve the items and removes the possibility that you'll be
accused of stealing their personal items for yourself.
What Happens If the
Tenant Abandoned the Rental?
The property left behind may look abandoned to
you, but without clear communication from the tenant that he or she no longer
wants the items, it may not meet the legal definition of abandoned property.
That puts you in a difficult spot. You've
regained your building, but the tenant's personal property isn't simply yours
to claim. The tenant retains ownership until you take the following steps:
1.You must notify your
tenant in writing that you have his or her property. Use the last known address
you have, and ask for the mail to be forwarded.
2.You must provide an
inventory of the property and a basic description of what you have.
3.You may also need to
inform the tenant that you reserve the right to charge a reasonable storage fee
before returning the property.
4.You must explain where
and how the tenant can reclaim the property.
If the notice is delivered by hand to the
tenant by a sheriff or another party, you have to give the tenant a minimum
of 10 days
to act. If you send the notice by mail, you need to wait
at least 15 days.
What Happens If the
Tenant Doesn't Claim the Property?
As frustrating as this may sound, you still
aren't the owner of the property that was left behind. In order to legally
dispose of it at this point, you have to advertise that the items will be sold
at public auction, and then do so.
Whatever proceeds you get from the auction are
also not yours to keep. You can deduct the cost of your advertisement, any
storage fees you paid, and the services of the auctioneer. Whatever is left,
belongs entirely to your tenant.
If you know where the tenant is, you should
deliver the remainder in a check via certified mail or sheriff service. If you
can't locate your former tenant, the money has to go to the county treasury for
holding.
Is There Help
Available for Landlords?
Because Florida's laws are so specific
regarding this issue — and the exact procedures you have to follow are so
complex — many landlords seek
help from a real estate attorney
when they're faced with the problem of a
tenant's seemingly abandoned property.
At Donald B. Linsky & Associate PA, our
attorneys can help you draft the legal notice that's required to the tenant,
make sure that you comply with each step of the law, and don't end up accused
of theft or sued over the disposal of any of the property later. Contact us
today for help with a tenant’s property.
