Handling Abandoned Property After a Florida Eviction

The sheriff executed the writ of possession, the tenant is gone — but their belongings are still in your unit. Here’s what Florida law requires you to do (and what protects you from liability).

After the sheriff executes a writ of possession in a Florida residential eviction, the landlord frequently finds that the former tenant has left personal property behind in the unit. Furniture, clothing, appliances, electronics, and sometimes items of apparent value may remain on the premises. This creates an immediate practical problem — the landlord needs to turn the unit and get it ready for a new tenant — and a legal one: disposing of the property incorrectly can expose the landlord to liability.

Florida law provides a specific framework for handling abandoned property after an eviction. Under Section 83.62(2), Florida Statutes, the landlord is not liable for the loss, destruction, or damage to personal property remaining on the premises after the writ of possession has been executed — provided the landlord has acted in accordance with the statute. This protection is not automatic, however, and landlords who act before the writ is executed or who take certain actions outside the statutory framework may face claims from the former tenant.

Table of Contents

1. The Writ of Possession Must Come First
2. The Statutory Framework: Section 83.62
3. What to Do Immediately After the Writ Is Executed
4. Storage Obligations and Practical Considerations
5. When and How to Dispose of Abandoned Property
6. Deducting Storage and Removal Costs from the Security Deposit
7. Landlord Liability Protections and Risks
8. Frequently Asked Questions

1. The Writ of Possession Must Come First

The most important rule for Florida landlords to understand about abandoned property is that the landlord’s right to handle the tenant’s belongings arises only after the writ of possession has been executed by the sheriff. Until the writ is executed, the tenant has the legal right to occupy the premises, and the landlord has no authority to remove, relocate, or dispose of the tenant’s personal property.

This means that even after a final judgment for possession has been entered in the landlord’s favor, the landlord cannot enter the unit and begin removing the tenant’s belongings. The landlord must wait for the clerk to issue the writ, for the sheriff to post the writ on the premises (giving the tenant a minimum of twenty-four hours to vacate), and for the sheriff to return and execute the writ by physically removing the tenant. Only after this process is complete does the landlord have the right to deal with any property the tenant has left behind.

Never Touch Tenant Property Before the Writ

Removing, discarding, or interfering with a tenant’s personal property before the writ of possession has been executed constitutes an unlawful self-help eviction under Section 83.67, Florida Statutes. This can expose the landlord to liability for actual and consequential damages, attorney’s fees, and potentially an injunction. Wait for the sheriff to complete the process — no matter how eager you are to re-lease the unit.

2. The Statutory Framework: Section 83.62

Section 83.62, Florida Statutes, governs the writ of possession and provides the landlord’s primary liability protection for handling abandoned property. Section 83.62(2) states that the landlord shall not be liable for the loss, destruction, or damage to personal property remaining on the premises after the writ of possession is executed, provided the landlord has complied with the statutory process.

This statutory protection is significant because it creates a clear line: before the writ, the landlord has no right to touch the tenant’s property; after the writ, the landlord is protected from liability for what happens to property that remains. The protection is not unlimited — it shields the landlord from claims related to the property remaining on the premises, but it does not authorize the landlord to sell the property for profit or to use the property for their own purposes.

Voluntary Abandonment Before the Writ

In some cases, a tenant will vacate the premises voluntarily before the writ of possession is executed — either by surrendering the keys, sending a written notice of abandonment, or simply disappearing. When a tenant abandons the unit before the writ is executed, the landlord should proceed with the writ process anyway to ensure the statutory protections are in place. Additionally, under Section 83.595, Florida Statutes, if the tenant has been absent from the premises for at least fifteen consecutive days and the rent is not current, the landlord may consider the unit abandoned after providing proper notice. This provision gives the landlord a parallel path for handling abandoned units that does not require completing the full eviction process.

3. What to Do Immediately After the Writ Is Executed

Once the sheriff has executed the writ of possession and the landlord has regained control of the premises, the following steps should be taken promptly.

Secure the Premises

Change the locks immediately after the writ is executed. You now have the legal right to exclude the former tenant from the property. Changing the locks prevents the former tenant from re-entering and protects both the property and any belongings that remain inside.

Document Everything

Before moving, discarding, or otherwise handling any of the tenant’s remaining property, photograph and video everything. Walk through the entire unit and create a detailed record of every item that was left behind, the condition of the unit, and any damage to the property. This documentation serves two purposes: it protects you against any future claim by the tenant that you destroyed valuable property, and it supports your security deposit deduction claims for damage beyond normal wear and tear.

Inventory the Property

Create a written inventory of all items left behind, including a general description of each item and its apparent condition. Note any items that appear to be of significant value (electronics, jewelry, collectibles) separately. This inventory will be important if the tenant later claims that you destroyed or disposed of specific valuable items.

4. Storage Obligations and Practical Considerations

Florida law does not impose a specific storage obligation on landlords after the writ of possession has been executed. Section 83.62(2) provides liability protection for property remaining on the premises after the writ — it does not require the landlord to store the property for any specific period or to take any particular steps to preserve it.

However, the prudent landlord will exercise reasonable care with the tenant’s property for a brief period after the writ is executed. This is not because the statute requires it — it is because taking reasonable steps reduces the risk of litigation and demonstrates good faith if the tenant later brings a claim.

Practical Storage Approach

Many landlords and property managers follow a practical protocol that balances legal protection with operational efficiency. Move the tenant’s remaining property to a designated area on the premises — a garage, storage room, or the curb (depending on local ordinances) — to allow the unit to be cleaned and prepared for the next tenant. If the property is of apparent value, consider storing it briefly (24 to 72 hours) and making a reasonable effort to notify the former tenant that they may retrieve their belongings. If the property is of minimal or no value (trash, broken furniture, clothing in poor condition), the landlord may dispose of it after the writ has been executed.

Contact the Former Tenant (Even If You’re Not Required To)

While not legally required after the writ is executed, sending a brief written notice to the former tenant’s last known address (or the property address if they left a forwarding address) stating that personal property remains on the premises and will be disposed of within a specified number of days (e.g., 10 days) creates a strong defense against any future claim. If the tenant does not respond or retrieve the property within the stated period, the landlord has an additional layer of protection.

5. When and How to Dispose of Abandoned Property

After Writ Execution

Once the writ of possession has been executed, the landlord’s liability protection under Section 83.62(2) is in effect. The landlord may dispose of the remaining property in a commercially reasonable manner. For most residential evictions, this means discarding items of no value, donating items in usable condition, and for items of apparent significant value, holding them for a reasonable period before disposal.

Florida’s Abandoned Property Statute: Section 715.104

For situations involving property left behind outside the eviction context — for example, when a tenant simply vacates mid-lease and disappears —Section 715.104, Florida Statutes, provides additional guidance. This statute applies to personal property remaining on the premises after a tenant has vacated or abandoned the property (as opposed to being removed by writ). Under Section 715.104, the landlord must provide written notice to the former tenant (and to any other person the landlord believes has an interest in the property) that the property has been abandoned and will be disposed of if not claimed within a specified period.

The notice under Section 715.104 must describe the property with reasonable specificity, state the address where the property is located, state a deadline for the former tenant to claim the property, and state that the property will be disposed of if not claimed by the deadline. The landlord may charge reasonable storage costs for the property, and if the former tenant fails to claim the property within the noticed period, the landlord may sell or dispose of it.

Vehicles Left Behind

Vehicles present a special challenge because they are titled property. A landlord cannot simply tow an abandoned vehicle from the premises without following the procedures established by Chapter 715andChapter 713, Part II(the Florida Motor Vehicle Repair Act, which governs lien rights on vehicles). In practice, most landlords contact a licensed towing company to remove the vehicle, and the towing company follows the statutory procedures for notifying the owner and obtaining a lien on the vehicle if it is not claimed.

6. Deducting Storage and Removal Costs from the Security Deposit

Florida landlords may deduct reasonable costs associated with removing and disposing of a tenant’s abandoned property from the security deposit, subject to the notice and timing requirements of Section 83.49, Florida Statutes.

To claim against the security deposit for removal costs, the landlord must send the tenant a written notice of intention to impose a claim on the security deposit within thirty days of the tenant vacating the premises. The notice must itemize the specific deductions being claimed, including the cost of removing and disposing of abandoned property, the cost of cleaning the unit, and the cost of repairing damage beyond normal wear and tear.

Removal costs that may be deducted include the cost of labor to move the tenant’s property out of the unit; the cost of renting a dumpster or hauling debris; and storage costs if the landlord stored the property for a reasonable period before disposing of it. The deductions must be reasonable and documented — retain receipts, photographs, and invoices for all costs incurred.

7. Landlord Liability Protections and Risks

When You Are Protected

Under Section 83.62(2), the landlord is not liable for the loss, destruction, or damage to personal property remaining on the premises after the writ of possession has been executed. This protection applies regardless of the value of the property, regardless of whether the landlord made any effort to preserve the property, and regardless of whether the tenant asked for the property to be returned. The protection arises from the execution of the writ — once the sheriff has completed the eviction, the statutory shield is in place.

When You Are at Risk

The landlord is not protected in several situations. If the landlord removes or disposes of the tenant’s property before the writ of possession is executed, the landlord has committed an unlawful self-help eviction and is liable for damages under Section 83.67. If the landlord takes possession of the tenant’s property and converts it to the landlord’s own use (for example, keeping a valuable piece of furniture or electronics for personal use), the former tenant may bring a claim for conversion — the civil equivalent of theft. If the landlord disposes of property in a manner that violates local ordinances (for example, dumping property on public property or in violation of waste disposal regulations), the landlord may face municipal code enforcement action.

Best Practice Checklist After Writ Execution

1. Change the locks immediately.
2. Photograph and video all remaining property and the unit’s condition.
3. Create a written inventory of all items left behind.
4. Send a written notice to the tenant’s last known address advising that property will be disposed of after a stated number of days (10 days is reasonable).
5. Dispose of unclaimed property after the stated period expires.
6. Retain documentation (photos, inventory, notice, disposal receipts) for at least one year.
7. If claiming removal costs against the security deposit, send the Section 83.49 notice within 30 days.

Need Guidance on Post-Eviction Property Issues?

We help Florida landlords navigate the post-eviction process, from handling abandoned property to recovering damages from the security deposit.

8. Frequently Asked Questions

Related Guides

• ← Back to: Florida Residential Eviction Attorney (Pillar Guide)
• Notice of Intention to Impose Claim on Security Deposit
• Allowable Deductions from a Florida Security Deposit
• Evicting a Holdover Tenant in Florida (Double Rent Rules)