What Is Abandonment of Property?
Abandonment of property in real estate involves the voluntary, intentional surrender of ownership rights without transferring those rights to a specific person. Because real estate is heavily regulated by deeds and public records, true abandonment of real property is rare; it usually results in the property being seized for unpaid property taxes or foreclosed by a mortgage lender. However, abandonment of personal property (chattel) left behind on real estate is a common and highly regulated issue, particularly in landlord-tenant disputes.
Abandonment in Florida Leases (Chapter 83)
Under the Florida Residential Landlord and Tenant Act (Chapter 83, Part II, Florida Statutes), a landlord cannot simply throw away a tenant's belongings if they suspect the tenant has moved out. The landlord must follow strict statutory procedures to confirm abandonment:
- Presumption of Abandonment — Under Section 83.59(3)(c), a rental unit is presumed abandoned if the tenant is absent for a period of time equal to one-half the time for periodic rental payments (e.g., 15 days for a month-to-month lease), rent is unpaid, and the tenant has not notified the landlord in writing of an intended absence.
- Notice of Abandoned Property — If the tenant leaves personal property behind, the landlord must send a formal written notice describing the property and giving the tenant a deadline (10 days if hand-delivered, 15 days if mailed) to claim it.
- Disposal or Sale — If the property is worth less than $500, the landlord may keep, sell, or destroy it after the deadline. If it is worth $500 or more, it must be sold at a public sale with notice published in a local newspaper.
Abandonment by a Borrower
When a homeowner abandons a property by walking away from their mortgage, the lender must still complete the formal judicial foreclosure process to obtain clear title. However, if the lender can prove the property is vacant and abandoned, Florida law allows for an expedited "fast-track" foreclosure process to prevent the property from deteriorating or attracting squatters.
Related Terms
- Eviction — The legal process for removing a tenant who refuses to leave
- Lease Agreement — Governs the rules for handling abandoned personal property
- Chattel — Personal property that is frequently left behind
Barnes Walker Landlord Representation
Barnes Walker's attorneys assist Florida commercial and residential landlords in navigating abandonment procedures, serving statutory notices, and avoiding liability for disposed property. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC