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I got the final eviction notice but tenant fail to collect his property

Orlando, FL |

Hello, I evicted my previous tenants for not paying the rent about 2 months ago in Orange county Fl. I followed the correct eviction process i.e. serve 3 day notice and then apply for 5 day eviction and eventually I was granted the final eviction judgement by the judge. Final 24 hrs notice was executed by the orange county sheriff department and I got the possession of the property. The previous tenants left some furniture and personal clothing along with lots of junk in the back yard of the property including a old rusted vehicle. I tried every thing possible to contact the old tenants (Called and left various messages) to come and collect the there property but no one come to collect the property. I had no choice but to get rid of all the property in order for me to rent the property. After 7 weeks of getting my final eviction judgment one of the tenant called me and demanded his property but I did explain it to him that I got rid of of all the property in order to rent out the premises but he become abusive and threaten to call the police or turn up to the property to scare the new tenant...What shall I do?

Attorney Answers 3


Call the police. He should have promptly removed the items upon vacating and didn't. Self help is not allowed in the system. Any actions he wants to take must be through the courts and from what you have described here, I doubt any attorney would assist him in filing the claim. Therefore, he/she may possibly file in small claims court (depending on the value of the property at issue). For now, I wouldn't worry about it unless he/she shows up, in which case I would call the police. If you believe he/she is a threat, you may want to notify the police and place your tenant on notice so they don't answer the door if he/she comes knocking. Best advice at this point is simply stop communicating with him/her, as they obviously are aware of everything and any further communications may only likely incite a confrontation you want to avoid.

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First, if either you or your tenants are threatened by your former tenant, I recommend you report it to the police. As to the personal property, when a tenant leaves behind personal property after vacating a rental property, the landlord should comply with Chapter 715 of Florida Statutes which gives instruction on the notice you must provide to your former tenant, and how the property can be disposed. F.S. 715.105 gives you the specific format for the notice and how the property should be sold at public auction if its value is $500 or more. It further states if the value of the property is believed to be less than $500 and the tenant fails to respond to your notice, you may dispose of it as you wish.

In the future, I recommend you review F.S. 83.67 (5), which has statutory language that you can include in your lease that releases you from liability for personal property left behind by your tenants. I also recommend that you consult with a local attorney to review your lease agreement to be sure it otherwise complies with Florida law. I have found many of the leases being used by landlords are generic store-bought leases that do not comply with several provisions of Florida law.

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Dear "i got the final eviction notice":

You have NO liability for the personal property left behind.

The Florida Statutes Chapter 83 makes the landlord and the sheriff's office immune
from liability in the event that a properly noticed execution of the Writ of Possession
When the deputy sheriff comes to enforce the Writ of Possession, you should remove the
ex-tenant's property to the property line or the sidewalk. Ask the deputy where the line is
that they suggest you put the ex-tenant's things. Don't deliberately break stuff, Do remove every
item you can find. It is okay to put stuff in garbage bags or open to the elements. Of course, you should keep in mind that you may have to remove the items after 24 hours to keep in compliance with curbside laws. I would put the stuff out, see how much remains after 12-24 hours, and put it in the garbage after 12-24 hours.

Call 911 to report the threats from this ex-tenant. They are WAY out of line.
Follow Attorney Fucillo's suggestion and put the language in your lease in all caps.
That will cover you when the tenants move out and abandon the premises.

I'll try to find the link and put it below.
Good luck.
If you have any questions, see a local lawyer for advice.

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