[RPPTL LandTen] Q regarding abandonment

[Dennis Chen]

Here is a Broward County Court decision that supports the position that the
fifteen day period starts when the tenant is in default.

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:   (407) 392-1872
Fax: (407) 392-1873
dennis at chenlaw.net

Bankruptcy * Civil Litigation * Collection Defense * Landlord/Tenant * Real
Estate Litigation

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On Fri, Feb 24, 2012 at 11:55 AM, Greg Hass <GregH at floridarealtors.org>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
> 1st.****
>
> -Tenants leave for a 3 week cruise on Valentine’s Day – they don’t inform
> the LL of their plans.****
>
> -On March 1st, Tenants are still on their cruise and the March rent (due
> on March 1st) 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 5th 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 5th, 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 1st.  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 1st to March 5th) since their rent
> was current from February 14th through February 29th.****
>
> ** **
>
> 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*
>
> * *
>
> The Voice for Real Estate® in Florida**
>
> *
> *[image: cid:image001.jpg at 01C8B0EE.0B556530]****
>
> _______________________________________________
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>
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