Q: Tenant incarcerated, how long before property is considered abandoned?

A: Florida statutes states that if the tenant is absent from the property for half the time of the term, then it can be considered abandoned. So if the tenant pays from month to month and has been gone for 15 days, then it is considered abandoned. In this case however since you know the tenant is in jail, it may be an issue. As he cant be in two places at one time. If he has not paid while in Jail, I would do a three day notice, post it and then evict. It might prove easier.

A: You're facing a tough situation, and it’s understandable that you want to handle it the right way. Even though your tenant is incarcerated, you’re still required to follow the legal process for ending a tenancy and dealing with abandoned property. Since the lease was month-to-month and oral, you can terminate it by giving a 30-day written notice. Once the notice period ends and the tenant hasn’t returned or arranged for the property, you may proceed.

After legally regaining possession of the unit, most states have laws that require landlords to store a tenant’s abandoned belongings for a specific period, usually around 15 to 30 days. You’ve already made an effort to reach out, and if the tenant confirmed they don’t want their family involved and haven’t made other arrangements, that adds to your case. Still, it’s important to document everything—conversations, notices, and attempts to contact the tenant—so you have a clear paper trail.

Once the holding period expires and you’ve followed any state-required notice about disposal or storage, you can remove or dispose of the belongings. While the tenant’s incarceration complicates things emotionally, the legal steps remain the same. Taking it one step at a time ensures you stay protected while moving forward.