Florida Wrongful Eviction Statute
This article is for reference only. The Florida Wrongful Eviction Statute 83.67, informs Florida residents of the acts the Florida courts consider to be “prohibited practices” in landlord-tenant law. This article will highlight some commonly litigated aspects of the Statute. One major component of the Florida Wrongful Eviction Statute is that according to Florida law, a landlord may not directly or indirectly (there are always clever albeit questionable means of achieving a cessation of utilities within a dwelling) cause a disruption or a termination of utility services provided to the tenant. This rule applies even if the landlord is the party responsible for payment of the utilities. The list of prohibited stoppages provided by the Statute (it is not an exhaustive list) is water, heat, electricity, garbage collection, etc. Illegal eviction in Florida is a serious matter that should be addressed by a Florida court for a proper remedy to be granted. We are not accepting new landlord-tenant cases involving wrongful eviction.
Florida Wrongful Eviction Statute 83.67
Next, in the Florida Wrongful Eviction Statute , the Florida Legislature proscribes the conduct of a landlord that prevents a tenant from gaining “reasonable access” to his/her rental residency. Often, landlords will simply change the locks on the door(s) and cause the tenant to be excluded from the premises. This can leave a tenant without access to food, water, clothing, or shelter, and is therefore outlawed. To this point, a landlord a landlord may not leave a dwelling in disrepair by taking off the roof, removing walls, or otherwise even if for purposes of maintenance because it could leave a tenant exposed and in a tenuous position. The exception is when an eviction has occurred or there has been a surrender, abandonment, or other recovery of possession of the residency.
Illegal Eviction in Florida
The good news for a tenant finding him or herself in a similar predicament as proscribed by the Florida Wrongful Eviction Statute, is the tenant could be entitled to three (3) months’ rent and a Statutory award of attorney’s fees for having to bring such an action against a landlord acting in bad faith in contravention of Florida law. More good news for a victimized tenant suffering from an illegal eviction in Florida is that he or she may sue the landlord for 3 months’ rent for each separate violation committed by the landlord. For example, if a landlord has both locked a tenant out and seized the tenant’s possessions without having gone through the official and lawful eviction process through the courts, the tenant may sue for 6 months’ rent.
The Jacobs Law Firm is a landlord-tenant lawyer firm in Orlando and Clermont.