Full question:
How can the family of a deceased tenant legally gain entry to that family members apartment to claim his belongings.
- Category: Landlord Tenant
- Subcategory: Death of Tenant
- Date:
- State: Florida
Answer:
When a tenant dies, their estate or family can enter the apartment to retrieve the deceased's belongings. However, certain conditions must be met for the landlord to retain possession of the property. Under Florida law (Fla. Stat. § 83.59), the landlord must wait sixty days after the tenant's death if:
- Personal property remains in the apartment,
- Rent is unpaid, and
- The landlord has not received written notice of a probate estate.
The landlord can only regain possession under specific circumstances:
- If a court action determines possession rights,
- If the tenant has voluntarily given up the apartment, or
- If the tenant is presumed to have abandoned the apartment after being absent for a period equal to half the rental payment cycle, unless rent is current or the tenant has notified the landlord in writing of an intended absence.
In cases where the last remaining tenant has died, personal property is still on the premises, rent is unpaid, and sixty days have passed since the death without notification of a probate estate, the landlord can take possession. Once notified of a probate, the landlord cannot reclaim the property until they do so lawfully with the appointed personal representative. Other rules may apply if the tenant was behind on rent or if other claims exist.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.