Selling a House After a Tenant Left Belongings Behind in Florida
A tenant moving out, whether by eviction or otherwise, doesn't always mean the property is actually empty. Florida law has a specific notice process that has to happen before leftover belongings can be disposed of, and it's worth understanding before assuming the house is ready to sell.
The notice requirement before disposing of anything
Under Florida Statute 715.104, when personal property remains on the premises after a tenancy has terminated or expired and the tenant has vacated, whether through eviction or otherwise, the landlord must give written notice to that tenant, and to anyone else the landlord reasonably believes may own the property, before disposing of it. This applies regardless of how the tenancy ended, and it's a real legal requirement, not just good practice.
What the notice has to say, and the claim deadline
The notice has to describe the property in enough detail for the owner to identify it, state that reasonable storage costs may be charged before it's returned, and specify where and by what date it can be claimed. That date has to be at least 10 days after the notice is personally delivered, or at least 15 days after it's mailed. The notice itself must be personally delivered or sent by first-class mail, postage prepaid, to the person's last known address. Only after that claim period passes without the property being claimed does Florida law generally allow moving forward with disposing of it, which involves its own separate process under other sections of this same chapter.
Why this is separate from the general tenant-notice topic
This specific notice requirement applies after a tenancy has already ended and the unit has been vacated; it's a different question from the notice and access rights a current tenant has during an active lease while a sale is being arranged. See our guide on selling a tenant-occupied house in Florida for how notice and access work while a tenant is still living in the property.
Where a sale fits
Because the required claim period has to run before leftover property can be disposed of, this process can add real time to getting a property ready to close, especially if a buyer or title company wants it cleared beforehand. A cash, as-is sale doesn't remove this notice requirement; it changes how the sale itself is financed and structured, not the statutory process for handling a former tenant's belongings. Building the notice period into the timeline early, rather than discovering it late, is the more reliable way to avoid a last-minute delay.
Frequently asked questions
Can I just throw away a former tenant's belongings before selling?
Not without following the required process first. Under F.S. 715.104, when personal property remains on the premises after a tenancy has ended and the tenant has vacated, the landlord must give written notice to the tenant, and to anyone else reasonably believed to own the property, before disposing of it.
How long does a former tenant have to claim their belongings?
Under F.S. 715.104, the notice must give a claim deadline that is not fewer than 10 days after personal delivery, or not fewer than 15 days after the notice is mailed. The property generally cannot be disposed of until that deadline has passed without the property being claimed.
What has to be in the notice to a former tenant?
Under F.S. 715.104, the notice must describe the property in enough detail for the owner to identify it, state that reasonable storage costs may be charged before the property is returned, and specify where and by when it can be claimed. The notice must be personally delivered or sent by first-class mail to the person's last known address.
Does this affect how quickly I can sell the property?
It can, since the required notice period has to run before the property can be disposed of, and a buyer or title company may want the property cleared before closing. A cash, as-is sale doesn't remove the notice requirement under F.S. 715.104. Confirming how a specific buyer wants any remaining personal property handled, and building the required notice period into the timeline, helps avoid a last-minute delay.
Have a house where a former tenant left belongings behind? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Seminole County, Polk County, and Volusia County. This article is general information, not legal advice. A Florida landlord-tenant attorney is the right resource for confirming the required notice and disposal process for a specific situation.