Items Left Behind in a Residential Rental Property

When a lease expires and the tenant or tenants vacate the premises, it is not uncommon to find items behind that the tenants didn’t have a chance to remove or, simply did not wish to. Some tenants would abandon the premises while the term of the Lease is still effective.

There are rules for Landlords, Leasing Services Companies and Property Management Companies to follow to prevent potential liability while disposing of a former tenant’s personal property. The procedure is time consuming and requires the drafting of a written notice advising the tenant(s) of their right to reclaim the personal property left behind in the residential rental property.

Thankfully, Section 83.67(5) of the Florida Residential Landlord and Tenant Act allows the inclusion of language in the rental agreement or the drafting of a complete separate document that covers the Landlord, Leasing Service Company or Property Management Company to avoid:

1. Being held liable or responsible for storage or disposition of tenants’ personal property left behind upon abandonment or surrender of the subject property.
2. Having to send out a written notice to the tenants for reclaiming their “stuff”. (If you are lucky enough to have their correct forwarding address).

This is what you need to add to your rental agreement:

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.

Be sure to do this and save yourself a headache and valuable time!

In the event this may happen and you drafted the Lease Agreement prior to getting the 411, be sure to consult the Florida Residential Landlord and Tenant Act so you may follow the appropriate steps in disposing of the personal property left behind.

For more information with regard to rental properties in Southwest Florida (Naples FL, Estero FL, Cape Coral FL, Fort Myers FL, North Fort Myers FL, Fort Myers Beach FL, Bonita Springs FL, Marco Island FL and all of Collier County and Lee County), please contact Chiodo Properties Rentals at 239-333-3512.