My ex-boyfriend went on a 4 day drug binge while we were on separate vacations. The last day of vacation, my friend and I were going to meet him for one last day on the beach. I spoke with him all weekend and each time he sounded unusual. The night before we left to meet him he told me he fell in the shower and busted his head. All day on the drive to meet him, whenever I spoke to him his behavior was very erratic and irrational. I called his mother because I thought he might have a head injury. She agreed to meet us at the hotel. In case we needed to talk him into getting treatment. I arrived at the hotel, with my friend, an hour before his mom got there. What I found is beyond explanation. He was whacked out on some drug, he was talking to himself, hurting himself, trying to peel his eyelids off, talking about hitting me, then smiling and saying he would never do that. It was terrifying. My friend was so scared she wouldn't come in the room, she stayed outside on the phone with his mother, who begged us not to call 911, to wait until she got there. When she arrived, she wasn't even phased by any of this. He was so angry that she was there, accusing me of tattling on him. She took him to another hotel and spent the night, while my friend and I stayed there. The next day I get a phone call from him saying he was headed home, I told him not to to even think about it, he was still volatile and erratic, not that I would allow him back anyway. I am the only one on the lease, utilities, and he doesn't even have a key. I lived there with my children and mother before he moved in 5 months ago. I was an hour behind them, I was terrified for my family so I called the Sheriff's department and told them my situation and what had occurred, they sent a car to my home to do a welfare check. I called my boyfriend's mother and told her not to take him there and he took the phone and said he had every legal right to be there, he had already called the Sheriff and they told him they could not keep him out. I told him if he went to my home with my family there I would take out a restraining order. His mother did not allow him to go. I spoke with her again and she said she would take him to her house and he would not be back. I didn't take out the order (fool that I am). It has been 23 days, he has not been back to my home. I have spoke to him since then and he claims to be clean and wanted to come home (Hell will freeze over first). MY children and family comes first. I have not given him an eviction notice, I do not know the address where he is staying. All of his stuff, including his dog, is still at my house. My question is how long does he have to be gone before he is not legally living there? He already changed his address at the bank and other places. Also how long do I have to keep his things, before I can get rid of it? I told him to come get it and bring me my money (her pumped all of our rent money in his veins), I had to borrow money from my sister to pay it. What is the time limit before I can sell it? Also, we have purchased things together while he lived here, for the home, getting rid of my stuff and replacing it, such as the washer and dryer, can I keep those? Thanks for any information you can provide. I live in Florida, I know that each state is different. Thanks again.

Your address is his last known address for filing for eviction. Send all mail certified. I don't know why you think it's too late to get a restraining order. I would be inclined to evict, despite more work and cost. Your choice.

Florida Statute 83.59(3)(c) sets forth how abandonment of the rental unit is determined: (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 does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; orUnder Florida law, there are two ways abandonment can be established: (1) the landlord has actual knowledge of abandonment, or (2) the landlord can meet all three parts of the following test to create a presumption of abandonment: (a) the rent is late, (b) the resident did not inform the landlord of an intended absence, and (c) the resident is absent form the premises for at least 15 straight days. (Since almost universally the time under a lease for the periodic rental payment is monthly, we shall speak of 15 days as the "period of time equal to one-half the time for periodic rental payments"�. The same is true for month-to-month tenancies.)
The problem with the first standard, actual knowledge of abandonment, is that the law does not define this phrase. There at least two major problems with the second standard, presumption of abandonment. First, it can be very difficult to establish 15 straight days of no activity in the absence of around the clock camera surveillance. Second, even if you can prove all three elements of the test, the presumption can be overcome in court.
Unfortunately, the Florida courts are not very helpful in clarifying the presumption, its elements or its application. Court decisions are based on the particular facts of each case, with similar cases being decided differently based on only slight changes in the facts.

I'm sure a court would award him his dog and most of his possessions in your case. This isn't a tenant leaving a rental apartment. They might even split costs of major appliances and furniture, minus cost of feeding the dog. But don't expect them to spend more than 2 minutes on it.

If you get the R/O, he has to come with police escort to get his things.

Of course it is really in your best interest (safety, less emotion) to let him know that he has by X date to arrange to get his dog and things or you will be going through formalities of eviction, the next time he contacts you. Ending all this calmly is better than being fearful of retaliation. And you won't have to do either an eviction or a R/O.

Put his stuff in storage and his dog in an animal shelter. Send him written notice of having done so. Problem solved.