For many Landlords, there may come a time when their Tenant stops responding to them. As a result, they are unsure if they are still residing in the property. While this creates anxiety and uncertainty for a Landlord, it does not mean they can’t determine if the Tenant Vacated. If you have questions about whether your Tenant has vacated the property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
How does a Landlord know if a Tenant has vacated the Property?
Our office has found that when Tenants stop communicating with their Landlord it means they cannot pay the rent. Before starting the Eviction Process, many will send text messages to the Tenant or even go to the property to try and speak with them. However, when they come to the property, they still may not be able to determine if the Tenant vacated. Florida Statute 83.59 generally states that a tenant has abandoned the unit if they absent for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence. While this may be the case, it does not mean that the Landlord can simply take over the property.
First, we always advise Landlords to send a Notice to Enter. In other words, before coming to the property to see if the Tenant is still there, they need give twenty-four hours notice that they are coming. If no one answers, they can enter. While inside, they need to determine if the place has been abandoned. Unfortunately, even if the place looks vacant, the Tenant may claim they are still living there. Without any contact with the Tenant or knowing if they have vacated, the best solution is to commence the Eviction Process. This not only assures that the Landlord will ultimately recover their property, it provides them with the best protection against claims by the Tenant.
A Landlord needs to be careful before determining if their Tenant has vacated. Before taking any action, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
