[RPPTL LandTen] Q regarding abandonment

[Lainie Simon]

Tenant wins.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (fax)

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Ê


On 2/24/12 11:55 AM, Greg Hass wrote:
>
> Happy Friday everyone.
>
> I have a quick hypothetical to pose -- please assume the facts are as 
> follows:
>
> -Tenants have paid their February rent in full on the due date of 
> February 1^st .
>
> -Tenants leave for a 3 week cruise on Valentine's Day -- they don't 
> inform the LL of their plans.
>
> -On March 1^st , Tenants are still on their cruise and the March rent 
> (due on March 1^st ) goes unpaid.
>
> -On March 6th, Tenants get back from their 3 week cruise and find that 
> the locks have been changed.
>
> -When Tenants confront the LL he says he recovered possession of the 
> dwelling unit on March 5^th because he presumed the Tenants had abandoned.
>
> LL argues he was within his rights to presume abandonment pursuant to 
> 83.59 (3)(c) (see below) because on March 5^th , the day he retook 
> possession, no one had seen hide nor hair of the Tenants for over half 
> a month.  In addition, when he arrived at his presumption of 
> abandonment, he checked to see if the rent was current and in fact it 
> was not current since no rent was paid on March 1^st .  LL also 
> checked and could find no notice of any intended absence from the 
> Tenants.  Thus, LL argues he met the test for presumption of abandonment.
>
> Tenants on the other hand argue that the clock for presumed 
> abandonment should not have started ticking until the rent was not 
> current.  They argue that they were only really absent for 5 days for 
> purposes of the presumption of abandonment test (March 1^st to March 
> 5^th ) since their rent was current from February 14^th through 
> February 29^th .
>
> Who wins this fight?
>
> Thanks,
>
> Greg
>
> 83.59 Right of action for possession.---
>
> ***
>
> (3) The landlord shall not recover possession of a dwelling unit except:
>
> ***
>
> (c) When the tenant has abandoned the dwelling unit. In the absence of 
> actual knowledge of abandonment, it shall be presumed that the tenant 
> has abandoned the dwelling unit if he or she is absent from the 
> premises 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; or
>
> ***
>
> *Greg Hass*, Senior Counsel
>
> Office of Law & Policy |***Florida**Realtors®
> *7025 Augusta National Drive, Orlando, FL 32822
> *talk:*407.438.1400, ext. 2421
> *visit:*_http://www.floridarealtors.org_
>
> __
>
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>
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