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Updated over 7 years ago on . Most recent reply

Account Closed
  • Rental Property Investor
  • Central, fl
821
Votes |
950
Posts

Florida Statute § 83.59(3)(c) rule

Account Closed
  • Rental Property Investor
  • Central, fl
Posted

Ok so I have a tenant whom I just found out is in jail, welcome to landlording :) .  They are now around 13 days gone from the property and I haven't been notified of their absence in writing.  How I am reading the statue is that once 15 days has elapsed and they have not in writing notified me of their absense AND they are behind in rent, I am legally allowed to reclaim the property, remove their items (I'll stick it in a self-storage place) and then re-rent the unit.  Am I missing something, because this sounds WAY to simple.  

(3) The landlord shall not recover possession of a dwelling unit except:

(a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;

(b) When the tenant has surrendered possession of the dwelling unit to the landlord;

(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence

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