Understanding the law as it pertains to personal property abandonment laws in Florida can provide significant benefits for lawyers who specialize in, or are involved in, family law cases. In the case of personal property abandonment law, this includes property that is left behind by an individual after their contracted period of tenancy/lease, or even by a homeowner who has abandoned, or has been evicted from, their home. Familiarity with property abandonment laws, and the principles therein, can vastly improve the legal strategy that a family law firm like Child Custody Law Services can apply in regards to virtually any family law case, especially those involving child custody/visitation rights in situations where a parent claims that the other parent has abandoned their custody responsibilities.
According to the property abandonment laws of Florida (found in the Florida Statutes, Title 11, Chapter 715, Status 101), any personal property that is not collected for 60 days by a tenant who has only been given early possession of said property may be deemed abandoned. After another 30 days, the landlord is entitled to take possession of the property. The landlord must personally undertake the abandonment process by moving abandoned property into the common area of the property without damaging it.
Abandoned property can also be claimed by a landlord, if they provide clear notice of their intention to do so to the tenant. In addition, any non-residential personal property left behind on any property, whether residential or commercial, can also be deemed abandoned under the laws of Florida.
When property has been abandoned, then the person who took possession of it or was otherwise entitled to it is the owner of it, and is under no legal obligation to attempt to locate the original owner or provide further notice of its location.
The laws regarding property abandonment in Florida are most commonly used in civil law suits where the landlord seeks to recover rent from a previous tenant who violated the terms of their lease agreement. However, the principles therein can be applied by family law attorneys in numerous other legal matters, such as the disposition of property in the event of divorce, where one party to marital property realizes they will not be able to collect what they are owed from their ex-spouse.
The issue of abandonment of property is very similar to the relinquishment of custody of a child, where one parent will abandon their rights as a parent to the child. In some circumstances, such as that of a particularly abusive individual, it is more logical for the other parent to retain custody of the child rather than to give their abusive ex-partner a second chance. Some individuals have been known to make a quick late-night exit from their home so as to avoid having to give another parent a second chance at custody over a child. In the case of especially troubled relationships, should it be agreed by both parties, the abandoning parent may move out of the home and terminate their rights as a parent in the absence of a court ruling to the contrary.
Overall, the laws regarding abandoned property are very similar to the rules surrounding abandoning a child, in that they will both serve to clearly define an individual’s rights towards the abandoned item or person, and will clearly establish what steps either party must take to correct whatever situation allowed the abandonment to occur.
For more information on property laws, you can visit Cornell Law School’s Legal Information Institute.