What Happens in Florida If Your Tenant Dies?
Opening Question:
If your tenant passes away while still in your rental property, what are your responsibilities as the landlord under Florida law?
Snippet Answer:
In Florida, a tenant’s death doesn’t automatically end the lease. You must follow specific steps to handle the lease, property, and belongings—while respecting legal timelines and the rights of the tenant’s estate.
The Lease Doesn’t Automatically End
Under Florida law, a tenant’s death doesn’t cancel the lease agreement. The legal and financial obligations remain in place until the lease is formally terminated—either through the lease terms, mutual agreement with the estate, or by court order.
If the tenant was the sole occupant, rent is still owed until the lease ends or the property is legally surrendered. This is where Florida property management experience becomes crucial—knowing the process keeps you compliant and reduces financial risk.
Securing the Property
Once you learn of the tenant’s death, your first step is to secure the property to prevent unauthorized entry or removal of belongings. Florida law allows you to protect the premises, but you may not dispose of personal items until you’ve followed the required procedures.
If there are co-tenants or an authorized occupant still living in the unit, the lease continues as usual for them.
Notifying and Working With the Tenant’s Estate
You should send a written notice to the tenant’s last known address and to the personal representative of their estate (if known). In many cases, the family will handle probate proceedings, which determine who has authority over the tenant’s belongings and lease obligations.
The estate is responsible for rent payments until the lease ends or the property is legally surrendered. Security deposits are handled under Florida Statute § 83.49—the same rules apply, including notice and refund timelines.
Handling Personal Property
If no one claims the tenant’s belongings, Florida Statute § 83.67 outlines how to handle abandoned property. The process typically includes:
Sending a written notice to the estate or next of kin giving them a specific period to collect items.
Storing the property safely during the notice period.
Disposing of or selling unclaimed property according to the statute’s rules.
Skipping these steps can expose you to liability from heirs or the estate.
When the Unit Can Be Re-Rented
You can’t just change the locks and re-rent immediately after a tenant dies. The lease (or court/probate process) must be resolved first. Once the estate surrenders the property and all belongings are removed, you can prepare the unit for a new tenant.
This process can take weeks—or longer—depending on how quickly the estate acts. Having a Jacksonville property management professional handle this can save you stress, especially when dealing with grieving families and legal paperwork.
Best Practices for Landlords in Florida
Require emergency contact info in every lease to speed communication in emergencies.
Document everything—keep records of notices, communication, and property handling.
Follow statutory timelines for deposit returns and abandoned property notices.
Be compassionate—a tenant’s death is a sensitive matter, and professional empathy can go a long way.
Final Takeaway
In Florida, a tenant’s death requires careful handling to stay compliant with the law, respect the deceased’s rights, and protect your rental income. By following the proper steps—and ideally working with an experienced property manager—you can navigate the process efficiently and legally.
Property management is hard enough—partner with someone who stays on top of Florida law changes and works to maintain your investment. Complete our Contact Us form or call us at 904-855-7933 to learn more about how CrossView Property Management in Jacksonville, FL, can work for you.
