Landlords in Florida are often eager to regain control of their rental property when a tenant stops paying rent, disappears, or violates the lease. But Florida law imposes strict rules on when—and how—a residential landlord can retake possession of a property without filing an eviction lawsuit.
In most cases, landlords must go through the formal eviction process to remove a tenant. However, there are limited, specific circumstances where a landlord can legally retake possession without a court order. Missteps can lead to serious legal consequences, including claims for unlawful eviction, damages, and attorney’s fees.
This article explains the exceptions and outlines the best practices for avoiding costly mistakes.
🚪 Self-Help Evictions Are Illegal in Florida
First and foremost: Florida law strictly prohibits self-help evictions in residential tenancies. That means landlords may not:
- Change the locks
- Shut off utilities
- Remove the tenant’s belongings
- Intimidate or harass the tenant into leaving
These actions violate Fla. Stat. § 83.67, and a landlord who engages in self-help may be liable for actual and consequential damages, three months’ rent, and attorney’s fees.
So when can a landlord legally retake possession without filing an eviction?
✅ 1. Tenant Has Voluntarily Surrendered the Property
If the tenant returns the keys and clearly communicates their intention to move out (in writing, ideally), this is considered voluntary surrender. Once the property is surrendered:
- The landlord can change the locks
- Begin cleaning or making repairs
- Market or re-rent the property
Best practice: Always request a written statement, signed message, or email confirming the tenant has vacated. If they leave the keys behind in a visible location (e.g., kitchen counter) and remove all personal belongings, this can also support an inference of surrender.
✅ 2. Tenant Has Abandoned the Property
Under Fla. Stat. § 83.59(3)(c), a landlord may take possession without eviction if the tenant is absent for a period of time equal to one-half the rental period (e.g., 15 days for a monthly tenancy) without notice and while rent is unpaid.
However, abandonment can be risky to assume. Courts are cautious, and landlords should look for signs such as:
- Utilities disconnected
- Mail piling up
- All personal property removed
- Neighbors confirming absence
- No response to written or posted communications
Best practice:
- Attempt to contact the tenant in writing
- Document your observations and timeline
- Post a notice of abandonment at the property
- Take photos and preserve any relevant communications
⚠️ If you’re not certain the property has been abandoned, it is safer to file for eviction than risk an unlawful retaking.
✅ 3. After a Lawful Termination of the Lease—With Tenant’s Cooperation
If the lease has expired or has been lawfully terminated with proper notice (e.g., a 15-day or 60-day notice), and the tenant leaves on or before the termination date, the landlord may lawfully retake possession without court involvement.
Make sure to:
- Inspect the property to confirm the tenant is gone
- Document the condition of the unit
- Confirm the absence of personal property and no indication of intent to return
❌ What If the Tenant Leaves Property Behind?
Even if it appears the tenant has vacated, you may still need to follow Florida’s abandoned property procedures under Fla. Stat. § 715.104 before disposing of their belongings. This includes:
- Sending a written notice
- Holding the property for a minimum period (usually 10–15 days)
- Providing a procedure for the tenant to claim their items
Failing to follow this process could expose the landlord to liability for conversion (unlawful taking of personal property).
❌ Never Assume You Can Retake Possession Just Because the Lease Is Over
A common misconception is that once the lease ends, the tenant has no rights. But if the tenant remains in possession, even after the lease expires, you cannot change the locks or force them out. You must treat them as a holdover tenantand file an eviction.
🧠 Key Takeaways for Florida Landlords
- Never change locks, shut off utilities, or remove tenant belongings without legal process.
- You can only retake possession without eviction if:
- The tenant has voluntarily surrendered the property
- The tenant has abandoned the property under legal definitions
- The lease has ended and the tenant has fully vacated
- Always document everything, including dates, messages, property conditions, and photos.
- When in doubt, consult legal counsel before entering or reclaiming the unit.
📞 Need Help Determining if You Can Retake Possession?
Our firm exclusively represents Florida landlords and can advise you on the proper steps to retake possession legally and safely. Don’t risk a wrongful eviction claim—get experienced guidance before you act.
📌 Contact us today for a consultation.