Florida Abandoned Property Law

State of Connecticut, Aug 14, 2006

In the overwhelming majority of the 37 states that we researched, a landlord may dispose of personal property that a tenant leaves in dwelling units by selling it after first notifying the tenant of his intent and storing the property for a period prior to the sale. Colorado is the only state we identified where landlords have no duty to store property that tenants leave behind. Connecticut, Virginia, and Washington are the only states that we found that permit tenants' property to be placed on a street, sidewalk, or other public property.

Most of the states that allow landlords to dispose of personal property remaining in or at dwelling units give them the discretion to destroy or otherwise dispose of property they determine to be worth less than the total cost to move, store, and sell it at a public sale. Some states, like

California, Florida, Maine, and Nebraska, set a monetary threshold below which property may be destroyed or otherwise disposed of without a public sale.

Florida - § 715. 04 et seq.

The landlord must send a notice, to the place the tenant is expected to receive it, that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 10 days (15 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $ 500 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.