Property Management
A Florida tenant abandons a rental unit. The landlord discovers the abandonment and wants to retake possession. Under Florida law, the landlord should:
AImmediately change the locks and re-rent the unit
BFollow the procedures in F.S. 83.59 — which allows retaking possession after posting notice and a waiting period if there is reasonable evidence of abandonment✓ Correct
CFile a formal eviction proceeding even though the tenant has left
DWait 30 days before retaking possession under any circumstances
Explanation
F.S. 83.59 allows landlords to retake possession of abandoned property. There must be reasonable evidence of abandonment (absence, non-payment of rent, removal of belongings) and the landlord must follow proper notice procedures. An improper retaking (changing locks without following proper procedures) can expose the landlord to liability. Filing formal eviction is unnecessary when abandonment is clear, but the statutory procedure must be followed.
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