Florida Statute 715.104 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 715
PROPERTY: GENERAL PROVISIONS

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F.S. 715.104

715.104 Notification of former tenant of personal property remaining on premises after tenancy has terminated.—

(1) When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, through eviction or otherwise, the landlord shall give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property.

(2) The notice shall describe the property in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by s. 715.11 does not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. The notice shall advise the person to be notified that reasonable costs of storage may be charged before the property is returned, and the notice shall state where the property may be claimed and the date before which the claim must be made. The date specified in the notice shall be a date not fewer than 10 days after the notice is personally delivered or, if mailed, not fewer than 15 days after the notice is deposited in the mail.

(3) The notice shall be personally delivered or sent by first-class mail, postage prepaid, to the person to be notified at her or his last known address and, if there is reason to believe that the notice sent to that address will not be received by that person, also delivered or sent to such other address, if any, known to the landlord where such person may reasonably be expected to receive the notice.

History.—s. 11, ch. 83-151; s. 842, ch. 97-102.

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Amendments to 715.104

Arrestable Offenses / Crimes under Fla. Stat. 715.104

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 715.104.

Annotations, Discussions, Cases:

Cases Citing Statute 715.104

Total Results: 3

Seymour v. Adams

Court: Fla. Dist. Ct. App. | Date Filed: 1994-06-24T00:53:00-07:00

Citation: 638 So. 2d 1044

Snippet: days after the notice is deposited in the mail. § 715.104, Fla. Stat. (1991) (emphasis added). See also §

Guyer v. School Bd. of Alachua County

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-07T00:53:00-07:00

Citation: 634 So. 2d 806

Snippet: .Ed.2d 393 (1961); see also Lynch, 465 U.S. at 715, 104 S.Ct. at 1381 (Justice Brennan dissenting). In

Ivey v. BACARDI IMPORTS, CO., INC.

Court: Fla. | Date Filed: 1989-03-22T23:53:00-08:00

Citation: 541 So. 2d 1129

Snippet: Capital Cities Cable, Inc. v. Crisp, 467 U.S. 691, 715, 104 S.Ct. 2694, 2708, 81 L.Ed.2d 580 (1984). In Capital…advertising of such beverages.'" 467 U.S. at 715, 104 S.Ct. at 2708. The Court concluded that "