Abandoned Property Laws in Florida 2025

Step-by-Step: Handling Abandoned Property in Florida

Follow these steps precisely to protect yourself from liability under Fla. Stat. § 715.10:

1. Document the abandoned property immediately. As soon as you regain possession of the unit, conduct a thorough walk-through. Take dated photographs and video of all items left behind. Create a written inventory listing each item, its approximate condition, and estimated value. This documentation is your primary protection against later claims.
2. Send required written notice. Mail or deliver written notice to the tenant's last known address and any forwarding address you have on file. Under Fla. Stat. § 715.10, you must give 10 days notice before disposing of or selling the property. The notice should describe the items, their location, and the deadline for retrieval.
3. Secure the property during the notice period. While storage is not legally required in Florida, keeping items in a secure location establishes a clear paper trail and protects potentially high-value items from claims of damage or disappearance.
4. Assess fair market value. If the total estimated value of the abandoned items exceeds $500, you must conduct a public or private sale with proper notice rather than simply discarding or donating the items. Obtain an informal appraisal or document your value estimates in writing.
5. Apply sale proceeds to costs. After the notice period expires and any required sale is conducted, apply proceeds first to unpaid rent, then to storage costs, then to sale costs. Remit any remaining balance to the tenant. Keep detailed records of all calculations.
6. Retain all records for at least 3 years. Keep your written inventory, photographs, notice letters, delivery confirmations, storage receipts, sale records, and proceeds accounting. If the tenant later claims improper handling, this documentation is your defense.

What Counts as Abandoned Property in Florida?

Abandoned property is personal property — furniture, clothing, electronics, vehicles, documents — left behind by a tenant after they have vacated or been evicted. Generally, property is considered abandoned when the tenant has surrendered possession of the unit and has not retrieved their belongings within the statutory notice period.

• Unlawful lockout: Property left behind during an unlawful lockout is NOT abandoned. If you changed the locks without a court order, items inside the unit belong to the tenant and you may be liable for the lockout violation and any property damage.
• Tenant disputes abandonment: If a tenant claims they did not abandon the unit (e.g., a health crisis prevented retrieval), courts may side with the tenant if proper notice was not given. Always send notice even if abandonment seems clear.
• Lienholders: Some states require notice to lienholders (e.g., banks with security interests in vehicles) as well as to the tenant. Check whether Fla. Stat. § 715.10 requires lienholder notice.
• Vehicles: Motor vehicles are typically governed by separate abandoned vehicle statutes. Contact your local police department or DMV for the correct procedure.

Penalties for Getting This Wrong

Mishandling abandoned property in Florida exposes landlords to significant liability. If a tenant proves you disposed of their belongings without following Fla. Stat. § 715.10, they can sue for:

• Conversion damages: The fair market value of every item improperly disposed of — not what you thought it was worth, but what a court determines.
• Consequential damages: If property included irreplaceable items (family documents, custom equipment), courts may award value beyond FMV.
• Punitive damages: In some states, willful or reckless disposal of a tenant's property can support punitive damage awards.
• Attorney fees: Many states allow prevailing tenants to recover attorney fees, making even small-value disputes economically viable to litigate.

The cost of sending proper notice and maintaining records is negligible compared to even a modest conversion judgment.

Related Guides for Florida Landlords

Frequently Asked Questions

How long do I have to keep a tenant's belongings in Florida?

Under Fla. Stat. § 715.10, landlords in Florida must wait 10 days after providing written notice before disposing of or selling an evicted or departed tenant's personal property. 10-day notice. Property over $500 requires public auction; under $500 may be donated or disposed. Proceeds minus costs to tenant.

Can I sell a tenant's abandoned property in Florida?

Yes — after providing the required 10-day notice in Florida, landlords may sell unclaimed personal property. Items with a fair market value above $500 require a public or private sale with notice. Items below that threshold may be donated or discarded.

What if the tenant's property is worthless?

Even low-value or seemingly worthless property must be handled according to Florida law. You must still provide the required 10-day notice before disposal. Skipping notice because items appear valueless is one of the most common and costly mistakes landlords make.

Can I deduct storage costs from the security deposit in Florida?

Generally yes — if you move the abandoned property to a storage facility, reasonable storage costs may be deductible from the security deposit or from sale proceeds. Document all costs with receipts and provide an itemized written accounting.

Statutory citation: Fla. Stat. § 715.10. Laws current as of 2025 — verify against your state's current statutes before acting. Last updated April 29, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.