Florida Deceased Tenant Estate and Landlord Coordination Packet
FLORIDA DECEASED TENANT ESTATE AND LANDLORD COORDINATION PACKET
Before use: Identify every tenant and occupant, the lease status, the date of death, rent status, any written probate notice, and whether the dwelling is in a federally administered or regulated housing program. The landlord's route to recover possession of a dwelling is separate from the lease's end and from ownership or disposition of property inside it.
Case record — keep with the file
| Fact | Evidence or entry |
|---|---|
| Deceased tenant, unit, date of death | [NAME / ADDRESS / DATE / RECORD] |
| Other tenants or occupants; last remaining tenant? | [NAMES / LEASE / EVIDENCE] |
| Rent due and paid; lease expiration or other termination route | [LEDGER / AGREEMENT / DATE] |
| Written notice of probate estate or representative received? | [DOCUMENT / SENDER / DATE / ADDRESS] |
| Court-appointed representative and authority documents | [NAME / LETTERS / CASE / DATE] |
| Federally administered or regulated housing program? | [YES / NO / PROGRAM / REVIEWER] |
| Property inventory, storage, deposit and access log | [RECORD / LOCATION / AMOUNT] |
| Lease property legend or separate written agreement reviewed | [DOCUMENT / DATE / REVIEWER] |
A. Estate representative's notice and access request
Date: [__/__/____] To landlord: [NAME / MAILING ADDRESS / EMAIL]
Deceased tenant and unit: [NAME / ADDRESS] Date of death: [__/__/____]
I give written notice that a probate estate [EXISTS / IS PENDING] in [COURT / CASE NUMBER] and that its personal representative is [NAME], whose mailing address is [ADDRESS]. Enclosed: [LETTERS OF ADMINISTRATION / ORDER / OTHER DOCUMENT]. Please record receipt of this written notice before considering Fla. Stat. § 83.59(3)(d).
I request an agreed appointment on [DATE / TIME] or [ALTERNATIVE] to inspect, inventory and remove property within the scope of my verified authority. I will coordinate keys and make a removal record. This notice does not by itself surrender the dwelling, end the lease, grant entry, or transfer ownership of any item. My relationship to the tenant alone does not establish representative authority, and I do not assume personal liability for rent by signing.
Representative or counsel contact: [NAME / CAPACITY / PHONE / EMAIL]. Other known adult tenant or claimant: [NAME / CONTACT / BASIS].
Signed: ______________________________ Capacity: [CAPACITY] Date: [__/__/____]
Delivery record: [METHOD / DATE / RECIPIENT / PROOF]
B. Landlord's possession and lease-status determination
Tenant and unit: [NAME / ADDRESS] Review date: [__/__/____]
Select and document the supported dwelling-possession route:
☐ Surrender by the person with authority: [AGREEMENT / DATE / KEYS / PROOF].
☐ Judgment or other civil action determining possession: [COURT / CASE / ORDER / DATE].
☐ Statutory abandonment under Fla. Stat. § 83.59(3)(c): [FACTS / RENT STATUS / WRITTEN ABSENCE NOTICE / REVIEW].
☐ Death of last remaining tenant under § 83.59(3)(d), only if every condition is established:
| Condition | Verified fact and record |
|---|---|
| Deceased person was the last remaining tenant | [LEASE / OCCUPANCY REVIEW] |
| Personal property remains | [INVENTORY / DATE] |
| Rent is unpaid | [LEDGER / AMOUNT / DATE] |
| At least 60 days have elapsed since death | [DEATH DATE / EARLIEST DATE / REVIEW DATE] |
| No written notice received of a probate estate or representative's name and address | [MAIL / EMAIL / INTAKE SEARCH / REVIEWER] |
| No federally administered or regulated housing-program exception | [PROGRAM REVIEW / EVIDENCE] |
Dwelling possession recovered, if authorized: [DATE / METHOD / PERSON / RECORD]. Lease ended, if separately established: [DATE / AGREEMENT, EXPIRATION OR OTHER BASIS / REVIEWER]. Recovery of possession under the death route does not itself appoint an estate representative or transfer title to personal property.
Landlord/reviewer signature: ______________________________ Date: [__/__/____]
C. Agreed property-access and transfer record
Access date / persons present: [DATE / NAMES]. Recipient and authority: [NAME / CAPACITY / DOCUMENT / REVIEWER].
| Item or group | Description / count | Condition / photo | Removed or retained |
|---|---|---|---|
| [ITEM] | [DETAIL] | [DETAIL] | [STATUS] |
| [ITEM] | [DETAIL] | [DETAIL] | [STATUS] |
Property remaining; storage or further appointment: [DETAIL / LOCATION / DATE]. Keys: [RETURN / AGREEMENT / DATE]. This record acknowledges physical custody of listed items only. It does not decide ownership, settle estate debts, or create personal rent liability.
Recipient signature: ______________________________ Date: [__/__/____]
Landlord signature: ______________________________ Date: [__/__/____]
D. Conditional notice of right to reclaim remaining property
Use this section only after counsel confirms the tenancy has terminated or expired, the premises are vacated, and Fla. Stat. § 715.104 applies after review of any applicable lease legend or separate written agreement. A death or a possession calculation alone is not a completed disposition route. Use separate copies for the former tenant and each person reasonably believed to own property; §§ 715.105 and 715.106 supply the statutory notice forms.
Date: [__/__/____] To / capacity: [NAME / FORMER TENANT AT LAST KNOWN ADDRESS / OTHER REASONABLY BELIEVED OWNER]
Notice of Right to Reclaim Abandoned Property
After the tenancy at [DWELLING ADDRESS / UNIT] terminated or expired and the premises were vacated on [DATE / BASIS], this property remained: [DESCRIPTION SUFFICIENT TO IDENTIFY PROPERTY, INCLUDING CONTAINERS]. You may claim property to which you are entitled at [CLAIM ADDRESS / PHONE / HOURS]. Reasonable storage and advertising costs, if applicable, may be charged before return. Claim and take the property before [DATE], no fewer than 10 days after personal delivery or 15 days after mailing of this notice.
Select the applicable statutory value statement after review:
☐ If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money.
☐ Because this property is believed to be worth less than $500, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.
Landlord: [NAME / MAILING ADDRESS / PHONE] Signature: ____________________
Delivery log: [RECIPIENT / ADDRESS / PERSONAL DELIVERY OR FIRST-CLASS MAIL / DATE / PROOF]. Other known address where notice may reach recipient, if applicable: [ADDRESS / DELIVERY].
E. Rent and security-deposit accounting
Tenant and unit: [NAME / ADDRESS] Possession status/date: [DETAIL / DATE]. Separate lease termination date and basis: [DATE / BASIS].
| Item | Period or support | Amount |
|---|---|---|
| Rent paid; rent claimed under lease after death, if any | [LEDGER / TERM / BASIS] | [AMOUNT] |
| Advance rent or credit due to estate | [PERIOD / CALCULATION] | [AMOUNT] |
| Security deposit and required interest | [RECEIPT / ACCOUNT / CALCULATION] | [AMOUNT] |
| Each proposed deposit claim | [DAMAGE / RENT / BASIS / SUPPORT] | [AMOUNT] |
| Balance proposed for refund | [CALCULATION] | [AMOUNT] |
Fla. Stat. § 83.49(3) trigger reviewed: [VACATING AND TERMINATION FACTS / DATE / REVIEWER]. If no deposit claim is intended, review the 15-day return rule. If a claim is intended, use the statute's required claim-notice text and certified mail to the tenant's last known mailing address within the applicable 30-day period. E-mail is an option only after confirming a signed, still-effective § 83.505 notice addendum and designated address. Attach the completed claim notice and delivery proof. Confirm the lawful recipient and address for payment; this accounting is not itself the statutory claim notice.
Claim notice or refund sent: [RECIPIENT / ADDRESS / METHOD / DATE / PROOF]. Landlord signature: ____________________
F. Disposition decision log
| Required check | Entry |
|---|---|
| Lawful dwelling-possession route; separate lease end and vacation | [ROUTE / DATES / PROOF] |
| Representative or owner claim and authority reviewed | [NAME / DOCUMENT / CONTACT] |
| § 715.104 notice applicability, recipients, property description and claim deadline | [REVIEW / RECIPIENTS / DATES] |
| Property left safely in unit or stored; care and costs | [LOCATION / INVENTORY / RECORD] |
| Property released under § 715.108 or claim period expired | [PERSON / COSTS / DATE / PROOF] |
| Total resale value; under-$500 or public-sale route | [VALUE / BASIS / ROUTE] |
| If public sale, § 715.109 publication, sale, costs and county proceeds | [PUBLICATIONS / SALE / ACCOUNTING] |
| Lease legend or separate agreement under § 83.67(5), if any, reviewed | [DOCUMENT / REVIEWER / EFFECT] |
Counsel/reviewer decision: [NAME / DATE / AUTHORIZED NEXT STEP]. This log itself authorizes no entry, removal, sale, or disposal.
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- Florida
- Category
- Landlord & Tenant
Legal authority
- Fla. Stat. § 83.59(3)
- Fla. Stat. § 83.67(5)
- Fla. Stat. § 83.49(3)
- Fla. Stat. § 83.505
- Fla. Stat. § 715.104
- Fla. Stat. § 715.105
- Fla. Stat. § 715.106
- Fla. Stat. § 715.107
- Fla. Stat. § 715.108
- Fla. Stat. § 715.109
- Fla. Stat. § 733.607(1)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
Fla. Stat. § 83.59(3)(a) (checked October 3, 2026): "In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;"
Fla. Stat. § 83.59(3)(b) (checked October 3, 2026): "When the tenant has surrendered possession of the dwelling unit to the landlord;"
Fla. Stat. § 83.59(3)(c) (checked October 3, 2026): "When the tenant has abandoned the dwelling unit."
Fla. Stat. § 83.59(3)(d) (checked October 3, 2026): "When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative."
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