Tenant died and family wants to gain entry to get personal property of tenant.
Full Question:
Answer:
Under 83.59, Right of action for possession, of the Florida Statutes, the landlord must wait 60 days to gain possession after the tenant dies IF (1) personal property remains on the premises, (2) rent is unpaid and (3) the landlord has not been notified in writing of a probate estate, according to the following:
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(3) The landlord shall not recover possession of a dwelling unit except:(a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the dwelling unit to the landlord;
(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
(d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended..........
Once the Landlord has been notified of a Probate, the landlord cannot take possession until he does so lawfully in connection with the appointed Personal Representative.
Other rules could apply regarding the personal property if the tenant was behind in rent, or other claims exist.
