The Short Answer

In Florida, there is no automatic “grace period” that gives a deceased person’s family unlimited time to access and remove belongings from your property. In many situations, the timeline is driven by Florida’s abandoned property rules for former tenants, which generally require a written notice and a short waiting period (often 10–15 days depending on delivery method) before you can dispose of property.

What Florida Law Says

Even if there was no written lease and no rent was paid, once the occupant has died and the premises are effectively vacated, you should be cautious about treating the belongings as “abandoned” without following the notice requirements Florida law lays out for personal property left behind after a tenancy ends. Separately, the decedent’s property is typically handled through the estate (or a small-estate process), which can affect who has legal authority to claim items.

The Statute

The primary law governing disposal of property left behind is Fla. Stat. a7 715.104.

This statute requires a landlord to give written notice to the former tenant (and anyone the landlord reasonably believes owns the property), and the deadline to reclaim must be at least 10 days after personal delivery or at least 15 days after mailing before the property may be disposed of under the statute.

Depending on value and circumstances, Florida law may allow a public sale or disposal after notice. For example, Fla. Stat. a7 715.109 addresses sale or disposition, including a rule that if the landlord reasonably believes the total resale value is under $500, the property may be kept or disposed of in various ways after the notice process.

On the probate side, families often assume “next of kin” can just pick up property, but legal authority can matter. Florida also has small-estate options that may apply in some cases, such as Fla. Stat. a7 735.301 (disposition without administration) and Fla. Stat. a7 735.304 (intestate property in small estates), which can affect who is entitled to receive the decedent’s personal property.

Why You Should Speak with an Attorney

While the statutes provide a framework, applying them to a death-on-the-property situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Under Fla. Stat. a7 715.104, the reclaim deadline in the notice must be at least 10 days (personal delivery) or 15 days (mailing). Missing or mishandling notice can create liability.
• Burden of Proof: If an heir later claims you wrongfully disposed of valuable items, you may need documentation showing what was there, what notice was given, and why you believed the property was abandoned or low value.
• Exceptions and Authority Issues: The “family” may not have legal authority to remove property unless they are the personal representative or otherwise authorized through a probate process. Letting the wrong person take items can trigger disputes among heirs or claims against you.

If you want the heirs to clean out the property or reimburse disposal costs, an attorney can evaluate whether you can charge reasonable storage/handling costs under Chapter 715, whether the estate may be responsible, and how to reduce the risk of a later claim that property was converted or mishandled.

For more Florida probate background, you may also find this helpful: Do Joint Bank Accounts and Jointly Owned Property Automatically Transfer at Death Without a Will in Florida?

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.