Tenant Death in Florida

[Karen C.]

Hey guys!

We are new investors and just found out our tenant recently passed, about 2 weeks ago. She was 3 months into a 12-month lease. Her brother called to inform us of her passing and that he and other family members were removing her belongings and going to clean the dwelling afterward. I understand we are not obligated to end the lease but per the lease terms she would be in default secondary to abandonment after 30 days. Now FL law states “the landlord shall not recover possession of a dwelling unit except:

… 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; or

When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representativeness.”

So is it 30 days or 60?

And is it ok to keep the security deposit for lost rent?

Sorry for the lengthy question! Just want to make sure we are proceeding correctly here. Thanks in advance for your help :)