Posted by Alexander Manuel on August 14, 2004 at 02:39:00:
Hello Tim:
I am not an attorney but in Florida our statute 89.59 reads as follows:
(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption shall not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence.
I don’t think in Florida your situation would be considered abandonment, especially since they were
FORCED to leave the unit. There is another statute in Florida that kicks in if the property is worth more than $500. Check out: http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0715/ch0715.htm
and look at 715.10 through 715.111 to get an idea of the kinds of laws out there (in Fl at least) relating to your current predicament. Hopefully this will work out in your favor when all is said and done.
Good Luck!
Alexander Manuel