Florida Statute § 83.59(3)(c) rule

4 Replies

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

Account Closed I would just confirm this with your local Magistrate or authority that handles evictions.

If utilities have been cutoff this will add to your position.

The utilities were on last I checked.  Only one person on the lease and I can confirm they are still in jail. 

Originally posted by @John Underwood :

@Eric C. I would just confirm this with your local Magistrate or authority that handles evictions.

If utilities have been cutoff this will add to your position.

I’ll have to wait until I can speak to someone ( attorney ) on Monday.  But time to start some process to get them out regardless of what it is.