Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 5 years ago,

User Stats

1
Posts
0
Votes
Dhood Hayar
0
Votes |
1
Posts

Deceased FL Tenant - When to Remove Personal Belongings

Dhood Hayar
Posted

Hi Everyone - 

We have a property in Ft Lauderdale that currently has the belongs of a deceased tenant. I reached out to the "estate attorney" to offer our condolences and asked for a written confirmation that he is representing the estate of the tenant. He said he can't give that written confirmation yet and doesn't know when he can. He said its possible that he may not get appointed as the estate attorney if anyone in the family objects - which they may.  

60 days have passed, and our understanding is that FL law allows us to take possession of the unit after 60 days if no one has come forward with written proof that he/she is the court appointed executor of the estate. We also have a clause in our lease (as per FL law) that allows us to dispose of personal belongings without having to store items if tenant passes away and no one authorized by the court claims them or makes arrangements in required time frame. I haven't disposed of anything as of now, meanwhile our property is off the market and we haven't touched the unit out of respect to our former tenant.  

BTW, the attorney was a jerk and said we should be happy if we let it sit and collect back rent when he is "ready". I explained to him that we had no idea if this tenants estate was solvent and we wanted to the right thing with the tenants belongings, but couldn't keep the unit empty much longer. He ended the conversation promising to litigate if the belongings were disposed of "improperly". Awesome guy...

Seeking any feedback you may have. I could hire an attorney (is this required?) and moving company to move the belongings. Wondering what others have done or what policies anyone has used in a situation such as this. Thank you in advance for your thoughts! 

Loading replies...