What is a landlord’s lien?

A landlord’s lien is a legal right granted to a landlord under Florida law that allows them to take possession of a tenant’s personal property if they haven’t paid the rent or comply with their rental agreement. This lien is often referred to as a “distress” or “garnishment” lien. In Florida, landlords must provide notice to the tenant before exercise of the lien. This is done by posting a notice at the tenant’s residence or by sending a notice to the tenant’s last known address. If the tenant fails to pay, the landlord may choose to take possession of the tenant’s personal property, such as furniture and appliances, to be sold to satisfy the landlord’s debt. The landlord will then be required to store the tenant’s property. In this case, the landlord has the right to charge the tenant for the cost of storage. If the tenant continues to fail to comply, the personal property may be sold at public auction. The landlord does not have a lien or right to take possession of any household goods that belong to any other resident of the premises, such as a spouse or child. Similarly, the landlord is not allowed to take possession of any personal property that is necessary for the tenant’s job, such as a laptop or tools. In sum, a landlord’s lien is a legal right that allows a landlord to take possession of a tenant’s personal property as a remedy for unpaid rent or breach of a rental agreement. The landlord must provide the tenant notice before exercising the lien and is only allowed to take possession of the tenant’s personal property.

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What is a landlord’s lien?

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