In the middle of an eviction process at this time in the state of FL.

If the tenant (year lease, eviction for non-payment) opts to move out after being served by the courts but before the actual court date, is possession of the rental home considered officially given back to the landlord when tenant returns keys/garage door opener OR when landlord is able to have utilities switched on in their own name?

And, would the landlord be wise to write a receipt to the tenant for the return of the keys? Should any language be on there?

Yes, its when the keys are turned over. Yes you should give a receipt AND do a walk through noting any damages that you both sign off on.

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Originally Posted by ScottGem

Yes, its when the keys are turned over. Yes you should give a receipt AND do a walk thru noting any damages that you both sign off on.

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Can I ask you a question about the walk through? I was looking through various legal/lawyer sites for our area, and one stated that there was no FL obligation for a landlord to do a walk through with a tenant, and listed various instances where things were "masked" and not caught until the cleaning service came in (everything from damaged floors, to fleas, to smells that had been hidden). They suggested telling the tenant that it was not your policy to do a walk through with the tenant, but that they were welcome to video or take pictures with the suggestion of capturing a current newspaper's date to prove timing. Then it suggested doing the same by the landlord.

What is your thought on that advice?

(edited to add the location of site I found that advice on: http://www.sp101025.pmws.net/dyn_leg...l=#walkthrough)

I would prefer a walk through with a disclaimer stating something like:

This checklist is not a final list of damages. Additional damamges may be discovered when the prep crew comes in to prep the unit.