Re: Landlord rights after tenent moves out

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

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.)

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