Florida Tenant Law With Focus in the Miami-Ft. Lauderdale Area

In Florida when a tenant breaches a lease for unpaid rent, the landlord has a remedy to sue on its landlord’s lien as to personal property of the tenant. The distress statute gives the landlord a lien for payment of rent upon all property of the tenant, either on or off the premises, in the possession of any person, provided the property is “usually kept on the premises.” § 83.08, Fla. Stat. (1995).

The landlord’s lien attaches at the inception of the tenancy or as soon as the property is brought on to the premises. The lien is terminated upon the extinguishment of the lease. Flowers v. Centrust Sav. Bank, 556 So. 2d 1123, 1125 (Fla. 3d DCA 1989). However, before exercising the remedy, the Landlord must examine UCC and Judgment Lien fillings. Some exceptions to the landlord’s lien priority include leased equipment and liquor licenses.

A Florida landlord has another option than filing a lawsuit for distraint. It may follow Florida Statutes Chapter 715 to liquidate the personal property. The landlord notices the former tenant and any claimants (UCC, Judgment Lien and lawsuit searches are imperative). In the notice, the landlord provides that the former tenant or claimant has two weeks to come and claim the property, show their right to the property, and pay the landlord and pay storage costs as defined by statute. If personal property remains, then the landlord has a public auction of the personal property. After two consecutive weeks of advertising, the landlord’s licensed auctioneer sells the personal property. The Landlord receives the proceeds. Any property that remains belongs to the Landlord.

Florida tenant and landlord laws can be complex and knowing what to do can be confusing. It is imperative that you find an attorney that has years of experience in filming and litigation to help you sort through the correct avenues of the law.