How long after moving out of a relatives house do you have to get your belongings?

Sister is threatening to burn/throw away my belongings due to post move out disagreement. Moved out 4 days ago.

Asked on July 18, 2012 under Real Estate Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I believe in the State of Florida, your abandonment laws are pretty specific and appears there is a 90 day waiting period before something is considered abandoned. You need to indicate in writing that you are going to be taking these items and she cannot dispose of anything pursuant to Florida law for at least 90 days and if she does, you can sue her for costs.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a former landlord cannot unilaterally discard belongings of the tenant. An opportunity must be given to the owner of the items to retrieve them, typically thirty (30) days minimum.

If the former tenant does not retrieve the items that are collectively worth more than $300 after a reasonable to retrieve them such as thirty (30) days after move out, the former landlord must publish notice of an auction to get rid of the items. If worth less than $300, the landlord can unilaterally discard the items after a notice to retrieve after thirty (30) days after notice to pick up in writing has been given.

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