Florida landlords—both residential and commercial—regularly face the same stressful scenario:
- The rent is late.
- The tenant isn’t answering calls or emails.
- The property looks empty.
- Keys may or may not have been returned.
The obvious question follows: can the landlord just go in, change the locks, and retake possession on the basis of “abandonment”?
Under Florida law, the answer is “sometimes”—but only when very specific statutory conditions are met. If a landlord “jumps the gun” and retakes possession too early, they risk claims for wrongful or constructive eviction, prohibited practices, and damages (including statutory damages and attorney’s fees).
This post walks through the rules for both:
- Residential leases (Florida Residential Landlord and Tenant Act – Part II of Chapter 83), and
- Non-residential/commercial leases (Part I of Chapter 83),
and explains when a landlord may lawfully retake possession after a suspected abandonment.
The Three Legal Paths to Possession
Both residential and non-residential sections of Florida’s Landlord–Tenant Act use the same basic framework: a landlord may not simply lock a tenant out because they “feel” the tenant is gone.
Instead, the landlord may recover possession only when one of three things has happened:
- Court order / eviction – an action for possession where the court determines the right to possession.
- Surrender – the tenant voluntarily gives the unit back (for example, returns keys and clearly communicates they are done).
- Abandonment – the tenant has left without intent to return, and the statutory criteria for “abandonment” are satisfied.
For residential tenancies, this framework appears in § 83.59, Florida Statutes.(Florida House of Representatives)
For non-residential (commercial) tenancies, similar language appears in § 83.05.(Florida Legislature)
The rest of this post focuses on how Florida law defines abandonment and when a landlord may retake possession based on it.
Residential Leases: Abandonment Under § 83.59 and Remedies Under § 83.595
When is a residential unit legally “abandoned”?
Under § 83.59(3)(c), a residential landlord may recover possession when the tenant has abandoned the dwelling unit. The statute does two important things:
- It recognizes actual abandonment—where the landlord actually knows the tenant has abandoned.
- It creates a legal presumption of abandonment under specific conditions.
The statute provides that, in the absence of actual knowledge of abandonment, it is presumed the tenant has abandoned the dwelling unit if:
- The tenant is absent from the premises for a period equal to one-half of the time for periodic rental payments (for a monthly lease, that typically means about 15 days), and
- The rent is not current, and
- The tenant has not notified the landlord in writing of an intended absence.(Florida House of Representatives)
If those conditions are all satisfied, the law presumes abandonment. If any of them are not satisfied (for example, the tenant is paid up or emailed written notice that they will be away), the presumption does not apply.
Practice point: The presumption is a safe harbor, not a requirement. If you have strong, documented evidence that the tenant has truly abandoned (e.g., in writing they state they are “moving out and not coming back”), you may have “actual knowledge” of abandonment even before the presumption period has run—but this is where careful legal advice becomes critical.
What can a residential landlord do after abandonment?
Once the tenant has abandoned the dwelling unit under § 83.59(3)(c), § 83.595 governs the landlord’s choices of remedies. When the landlord has a writ of possession, or the tenant has surrendered, or the tenant has abandoned the unit, the landlord may:(The Florida Senate)
- Treat the rental agreement as terminated and retake possession for the landlord’s own account;
- Retake possession for the tenant’s account and attempt to relet, holding the tenant liable (subject to the landlord’s duty of good faith in re-letting); or
- Charge agreed liquidated damages or early termination fees (if the lease complies with the statutory requirements).
Importantly, § 83.67 (Prohibited Practices) prohibits residential landlords from:
- Cutting off utilities,
- Changing locks, or
- Removing the tenant’s personal property
except after surrender, abandonment, death of the last remaining tenant (under carefully defined circumstances), or a lawful eviction.(The Florida Senate)
So for residential landlords, a “do-it-yourself” lock-out is still illegal unless you are firmly within one of those narrow categories.
Commercial / Non-Residential Leases: Abandonment Under § 83.05
Commercial landlords operate under Part I of Chapter 83. Under § 83.05, a landlord of any premises “other than a dwelling unit” may recover possession only:(Florida Legislature)
- In an action for possession under § 83.20 or other civil action where possession is adjudicated;
- When the tenant has surrendered possession; or
- When the tenant has abandoned the rented premises.
Again, Florida law gives a statutory presumption of abandonment for commercial tenancies. Under § 83.05(3), in the absence of actual knowledge of abandonment, it is presumed the tenant has abandoned if:
- The landlord reasonably believes the tenant has been absent from the premises for 30 consecutive days;
- Rent is not current; and
- A three-day notice under § 83.20(2) has been served, and 10 days have passed since that notice.(Florida Legislature)
If all three conditions are met, the statute allows the landlord to presume the premises are abandoned and recapture possession under § 83.05(2)(c).
Commercial practice note: Many commercial leases layer additional abandonment/recapture language on top of § 83.05 (e.g., deeming clauses if the tenant leaves equipment, fails to operate for a certain period, etc.). Those provisions must be read consistently with the statute, and landlords need to be very careful not to treat a mere business shutdown or temporary dark period as “abandonment” without satisfying § 83.05.
What About Personal Property Left Behind? Chapter 715 and Residential Opt-Out
Retaking possession of the premises and dealing with personal property left behind are related but separate issues.
Default rules: Chapter 715
For both residential and commercial tenancies, Chapter 715 (the “Disposition of Personal Property Landlord and Tenant Act”) establishes procedures for dealing with a former tenant’s belongings left after the tenancy terminates. Among other things, § 715.104 and the related provisions require:(The Florida Senate)
- Written notice to the former tenant (and, in some cases, other known owners);
- A description of the property;
- A deadline by which the property must be claimed; and
- Authorized methods of sale, disposition, and allocation of proceeds.
Those procedures apply once the tenancy has ended and the landlord has lawfully regained possession (through surrender, abandonment, writ of possession, etc.).
Residential opt-out via § 83.67(5)
For residential landlords, there is an important exception. If the lease (or a separate written agreement) includes the boldface legend authorized by § 83.67(5)—essentially stating that upon surrender or abandonment the landlord is not liable for storage or disposition of the tenant’s personal property—then the landlord is not required to follow Chapter 715 for that unit.(The Florida Senate)
That language must be conspicuously printed or stamped in the rental agreement. If it is not there, the residential landlord must comply with Chapter 715 before disposing of personal property left after termination.
Commercial landlords remain subject to Chapter 715’s rules when they retake possession and find property left behind.
Practical Checklist: What Should a Landlord Do If They Suspect Abandonment?
Whether the lease is residential or commercial, a landlord who thinks a tenant has abandoned should slow down and build a record before changing the locks. A practical, statute-aligned checklist looks like this:
- Check the lease and payment history.
- Is rent current?
- Has the tenant given written notice of an extended absence?
- Are there abandonment or recapture clauses that interact with § 83.59 or § 83.05?
- Confirm statutory timing.
- Residential: Has the tenant been absent for at least half the rental period (e.g., 15+ days on a monthly lease), with rent unpaid, and no written notice of intended absence?(Florida House of Representatives)
- Commercial: Has the tenant been gone 30 consecutive days, rent is unpaid, and at least 10 days have passed since the § 83.20(2) notice?(Florida Legislature)
- Document your observations.
- Photos or videos of the premises (e.g., empty space, no furniture, mail stacked, power off).
- Notes of neighbor reports and communications with the tenant.
- Date-stamped attempts to contact the tenant (calls, texts, emails, letters).
- Send written communication before acting.
Even though not always required, it is often safer to:- Send a written notice stating that you believe the premises may be abandoned, citing the statutory basis, and asking the tenant to respond by a set date.
- Keep copies of all notices and delivery proof (certified mail, email, text screenshots, etc.).
- For commercial tenancies, verify the § 83.20 notice.
- Confirm that a proper three-day rent demand has been served and that 10 days have passed before relying on the § 83.05 presumption.(Florida Legislature)
- Address personal property correctly.
- Residential: Check whether your lease includes the § 83.67(5) “no storage” legend. If not, follow Chapter 715’s notice and waiting procedures.(The Florida Senate)
- Commercial: Assume Chapter 715 applies once you have lawfully regained possession.
- Avoid self-help beyond what’s authorized.
- For residential units, § 83.67 strictly prohibits utility shutoffs, lock changes, or removal of personal property except after surrender, abandonment, death (under § 83.59(3)(d)), or lawful eviction. Violations expose the landlord to at least three months’ rent in damages plus attorney’s fees.(The Florida Senate)
- For commercial units, self-help lockouts still carry significant risk if the premises are not legally abandoned or surrendered—courts may treat premature lockouts as wrongful evictions.
- Consult counsel before re-entering.
- Because the line between “empty” and “abandoned” can be blurry, having an attorney review the facts, photos, communications, and lease language before retaking possession is often the best risk-management step a landlord can take.
Key Differences: Residential vs. Commercial Abandonment
To summarize:
- Residential (Part II, Chapter 83):
- Presumption of abandonment after one-half the rental period, with unpaid rent and no written notice of intended absence.
- Remedies on abandonment spelled out in § 83.595.
- Strong anti-self-help protections in § 83.67; violation can be expensive.
- Personal property rules can be altered by the § 83.67(5) legend; otherwise Chapter 715 applies.
- Commercial / Non-Residential (Part I, Chapter 83):
- Presumption of abandonment after 30 days’ absence, unpaid rent, and 10 days after the § 83.20(2) notice.
- No separate “choice of remedies” statute like § 83.595, but lease and common law govern damages and re-letting.
- Chapter 715 governs personal property left behind after lawful retaking of possession.
In both contexts, the landlord’s “belief” that the tenant is gone is not enough. The question is whether the facts fit within the statutory framework closely enough that the landlord can safely rely on abandonment—without creating more exposure than they solve.
How Our Firm Can Help
If you are a Florida landlord—or property manager—facing a suspected abandonment at a residential or commercial property, it is critical to:
- Evaluate whether the statutory presumption of abandonment truly applies,
- Decide whether an eviction action is still the safer route, and
- Handle personal property in a way that complies with Chapter 715 (and § 83.67 for residential units).
Our firm regularly advises landlords on abandonment, eviction, and possession issues across Florida, including drafting lease language that better aligns with § 83.59, § 83.05, § 83.67, and Chapter 715.
If you’re dealing with a “disappearing tenant” situation or want to tighten your leases and internal procedures, contact us to discuss your specific facts before taking action.