Abandoned property laws in Florida can be pretty complicated, but the first step toward understanding is running through the basics—and knowing where to track down the applicable laws. Generally speaking, most of the abandoned personal property in Florida gets handled by local law enforcement.
What happens to property in Florida after it’s been abandoned? Well, that depends on a whole host of circumstances, like what kind of property it is and its location. In most cases, a five-day notice will have to be shared, so the owner has a chance to reclaim their property before it’s disposed of or given to someone else.
Then there are different rules for what’s called an “adverse possession claim” of an abandoned house in Florida.
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Florida abandoned home law
Let’s start with abandoned houses in Florida. Claims made on abandoned properties aren’t exceedingly common, but if you own property in Florida, it’s still helpful to know how they apply if you’re ever involved in a property dispute with a neighbor or find out a squatter has been living on your property.
What qualifies as an abandoned home in Florida?
For our purposes, we can think of an abandoned home in Florida as a home that isn’t being occupied or maintained.
Once a Florida home is abandoned, it becomes a much easier candidate for someone to claim their own possession of it via adverse possession, but they’d have to meet all the requirements first—a process that could take nearly a decade.
If you have a vacation home in Malibu, Miami, or Orlando and make regular seasonal visits, you probably don’t have to worry about an adverse possession claim on your property, in part because that would interfere with a squatter’s ability to meet the some of the requirements of an adverse possession claim.
Let’s take a closer look at what those requirements are.
What is an adverse possession claim?
An adverse possession claim allows an individual to take possession of a property once meeting specific criteria.
Adverse possession laws can vary from state to state, but generally, one of their benefits, in the eyes of the law, is that it provides an opportunity to improve a property otherwise neglected or abandoned.
In Florida, adverse possession claims are decided on a case-by-case basis and must satisfy the following requirements:
Hostile claim: The squatter has occupied the property without the owner’s permission
Actual claim: The squatter should take steps to treat the property as their own, which could include taking care of landscaping or making repairs to the home
Exclusive ownership: The squatter occupies the property alone and not with a group of individuals
Obvious occupancy: The squatter must live on the property the way any resident would, in a manner that would be apparent to neighbors, passersby, or visitors
Improvement to the property: The property must be somehow cultivated, improved, or protected by adding an enclosure like a fence
Continuous occupation: A squatter must live on the property continuously for the required period. In Florida, that’s a minimum of seven years
Additionally, the squatter will have to provide a color of title
, or they’d be required to have made property tax payments for a minimum of seven years. If you’ve learned someone is squatting on your property, you may be required to follow proper legal eviction procedures first—it’s often a good idea to seek legal counsel to determine how you should respond.
The earlier you act to properly remedy a squatting situation, the less likely you’ll have to deal with losing your property to an adverse possession claim in court.
Florida abandoned vehicle law
Now, what about when it comes to abandoned vehicles in Florida? Let’s take a look.
What qualifies as an abandoned vehicle in Florida?
In Florida, abandoned vehicles are generally treated similarly to other abandoned or lost personal property, as outlined in Florida Statute 705.103
. Florida Statute 705.101 defines abandoned personal property as items that:
Has no identifiable owner
Has been disposed of on public property
Is either in poor, inoperative, or dismantled condition—or, has “no apparent intrinsic value” to its true owner
What happens to abandoned vehicles in Florida?
What happens to an abandoned vehicle in Florida and a timeframe for when action is taken might vary somewhat depending on its location.
Generally, once law enforcement is made aware of an abandoned vehicle on a roadway or public property, they have to post a five-day notice asking the owner to move the car from the area and make an effort to find and contact the owner via a mailed notice.
If the owner didn’t take action after those five days, the abandoned vehicle could be deemed a public nuisance and taken into possession by the local government.
If someone abandoned a vehicle along a roadway, it might only be a couple of hours or days before a tow truck is called in for removal.
City and county laws can also affect how long a vehicle might remain in an area before being towed away.
Florida abandoned personal property law
If you’re a landlord, you might have a tenant move out as their lease expires, only to inspect the property later and find they’ve left items behind. You might be wondering what you should do to satisfy legal requirements. Or, as a tenant, you might wonder whether you can get your stuff back—and how.
What qualifies as abandoned personal property in Florida?
This definition of personal property applies to items left on abandoned public property.
Starting at Florida Statute 715.104
are the requirements surrounding personal property abandoned by former tenants at a rental property. In a nutshell, the landlord must notify the tenant about the items left behind and where they can retrieve them. Depending on the notice delivered method, the former tenant has a minimum of 10 to 15 days to retrieve their items. Under certain circumstances, they might also be responsible for storage fees for the items.
What should I do with abandoned personal property in Florida?
When you come across a piece of personal property you believe to be abandoned, it’s usually best to report it to law enforcement. If they determine someone abandoned the property, they can proceed with putting out the proper notice and attempt to contact the rightful owner.
As a landlord, you shouldn’t immediately resort to disposing of or selling a tenant’s items left behind after they’ve moved. Instead, to avoid legal liabilities, you’ll want to follow the proper legal procedures that apply to your situation.
Pro Tip Unsure what to do with a piece of abandoned property? Consider contacting a local law enforcement’s non-emergency line or a lawyer to determine the proper steps for your situation.
How can I find my abandoned property?
Depending on where your property was left behind and the circumstances, the best way to track down your property is by contacting local law enforcement.
If you left your car parked in the wrong spot, towing companies in Florida are generally required to inform local law enforcement once the vehicle is towed.
If you’re trying to track down other personal property, they should be able to determine whether a notice for the property was put out, or direct you to another agency who can give you more information.
You can also search for and retrieve unclaimed financial assets via Florida’s Treasure Hunt website
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