florida abandonment issue

This is a discussion on florida abandonment issue within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I am the landlord in this situation. I have the strangest of circumstances... The tenant got the keys June 1. ...

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Old Jul 11th, 2009, 04:38 PM   #1
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Angry florida abandonment issue

I am the landlord in this situation. I have the strangest of circumstances... The tenant got the keys June 1. It is now July 11 and there has been no rent paid and the utilities are still not on. I have made three separate accomodations to her in order to see the power turned on and rent paid. I gave her her 3 day notice to pay rent. From what i read, failure to move furniture in and turn on the power constitutes abandonment. Can I serve a no cure notice due to abandonment and immediately secure the primisis?
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Old Jul 11th, 2009, 06:48 PM   #2
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Default Re: florida abandonment issue

Sorry for this mess. Yes, based on the scenario you have related you can indeed proceed as proposed under Florida law. You are under no obligation to remain effectively locked out of your own property. I would see no problem with serving the notice and immediately securing the premises. A good resource may be to contact your local small claims court/justice of the peace. Oftentimes they will have forms and packets available for these types of landlord-tenant cases. Hope all works out for you in this. AJJ
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Old Jul 13th, 2009, 11:00 AM   #3
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Default Re: florida abandonment issue

See FL Abandonment statutes FL Statutes 715.104 to 715.111 for more information.

I must ask, why did you give the tenant a key without the rent money in hand? Why didn't she turn the utilities over before or the day of signing? Did you at least get a signed lease? You may have to issue a notice of abandonment on the door before retaking possession. Please follow your state statutes exactly.
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