SmallLandlord
Member
What is the name of your state? Florida
We just bought a property and around the closing, the tenant passed away in hospital. We didn't know the tenant, apparently, she has no family.
The lease has the following:
29. ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
I found that this clause is specially mentioned here:
https://www.flsenate.gov/laws/statutes/2019/83.67
However, the former property manager tells me I have to wait 60 days to even enter the unit. He could not show me where this comes from.
I found this page:
http://www.naylornetwork.com/FAP-nwl/articles/?aid=39215&projid=2461
WHEN CAN A LANDLORD TAKE POSSESSION OF THE APARTMENT?
When a tenant dies, the lease termination is a matter of law. The Florida Legislature added Florida Statute 83.59(d) to allow a landlord to take possession of an apartment when all of the following conditions have been fulfilled:
1. The last remaining tenant in the apartment has died. (If there is another tenant on the lease, the lease remains in effect with regard to that tenant.)
2. The rent is unpaid.
3. 60 days have elapsed following the date of death.
However, even if the foregoing conditions have been fulfilled, the landlord may not take possession of the apartment if the landlord has been notified, in writing, of the existence of a probate estate or of the address of a personal representative.
I am not sure what to do now.
We just bought a property and around the closing, the tenant passed away in hospital. We didn't know the tenant, apparently, she has no family.
The lease has the following:
29. ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
I found that this clause is specially mentioned here:
https://www.flsenate.gov/laws/statutes/2019/83.67
However, the former property manager tells me I have to wait 60 days to even enter the unit. He could not show me where this comes from.
I found this page:
http://www.naylornetwork.com/FAP-nwl/articles/?aid=39215&projid=2461
WHEN CAN A LANDLORD TAKE POSSESSION OF THE APARTMENT?
When a tenant dies, the lease termination is a matter of law. The Florida Legislature added Florida Statute 83.59(d) to allow a landlord to take possession of an apartment when all of the following conditions have been fulfilled:
1. The last remaining tenant in the apartment has died. (If there is another tenant on the lease, the lease remains in effect with regard to that tenant.)
2. The rent is unpaid.
3. 60 days have elapsed following the date of death.
However, even if the foregoing conditions have been fulfilled, the landlord may not take possession of the apartment if the landlord has been notified, in writing, of the existence of a probate estate or of the address of a personal representative.
I am not sure what to do now.