Landlord rights after tenent moves out

Landlord rights after tenent moves out by Neil (Brevard County, Florida) on March 17, 2012 @09:44

My tenant has finally moved out. They left things like clothes, tools, etc. and did not return the keys. How long do I have to give them to pick up the rest of their things before I can change the locks. We had a verbal agreement and they left because of unpaid rent. Do I have to file an Eviction Notice to get them to remove their goods?

[ Reply ] [ Return to forum ]

Re: Landlord rights after tenent moves out by Katiekate (New York) on March 17, 2012 @11:23	[ Reply ]

Did you post a 'quit or pay'? Did they leave via the 'quit' part of that notice? It is important because if they just pulled up stakes without you having taken the necessary first step..then they are still tenants!! If you decide to try to take possession at this point..take a camera, witness, and newspaper to the place (after posting a 24 notice to enter)..and document that the place (and stuff) is abandoned. Take picture..us the newspaper to prove the date. change the locks, Store the stuff for 30 days. If you didn't post the 'quit or pay'...do it now. And mail it via certified mail. Then, at the end of the required period post a 24 hours notice to enter..and proceed.

Re: Landlord rights after tenent moves out

Re: Landlord rights after tenent moves out by MrDan (Georgia) on March 17, 2012 @16:01	[ Reply ]

A good rule of thumb is this: if the total value of the property is $500.00 or more in the landlord’s good faith estimation, then the landlord is advised to file eviction and obtain a writ of possession. If the total value of the property is worth less than $500.00, the landlord can continue with his examination of the facts to ascertain whether the rental unit has been abandoned. Under Florida law, there are two ways abandonment can be established: (1) the landlord has actual knowledge of abandonment, or (2) the landlord can meet all three parts of the following test to create a presumption of abandonment: (a) the rent is late, (b) the resident did not inform the landlord of an intended absence, and (c) the resident is absent form the premises for at least 15 straight days. (Since almost universally the time under a lease for the periodic rental payment is monthly, we shall speak of 15 days as the “period of time equal to one-half the time for periodic rental payments”. The same is true for month-to-month tenancies.)

Re: Landlord rights after tenent moves out by Anonn (Norhteastern Ohio) on March 19, 2012 @03:38	[ Reply ]

You can change the locks, with a folded note on the door with a working phone no., where they can retrieve the keys for the next fifteen days, in my state. You will end up picking up and removing their stuff. I would push it to the door, and throw it out or give it away after fifteen days.