At what point has a tenant abandoned the property?

[Jessica Wood]

We were in the process of evicting a tenant (7 day notice to vacate) and it appears the tenant has moved out (also, she hasn’t paid rent this month and it’s the 13th). She has changed the locks so we can’t get in. Do we still need to file a forcible entry detainer to get in if it looks like she’s moved out?

[Robert Borr]

@Jessica Wood consider consulting a local landlord-tenant/eviction attorney. There could be statutory guidelines and diverting from a strictly construed process could create liability on your part. Even removing the belongings of an abandoned unit may have legal requisites. Here in Florida, attorney's fees are statutorily recoverable in all residential tenancies and even seemingly minor noncompliance by a landlord can produce a dismissal of their eviction and a judgment for fees against them, despite a non-paying tenant residing in a rental.

This is not legal advice and does not create an attorney client relationship.