Business Law 101 / Illegal Evictions

By Albert L. Kelley, Esq.

Over the last few weeks, I have received a number of calls from tenants that exhibit a disturbing trend. Certain landlords have taken advantage of the hurricane to try and force out their tenants. This is an issue I have discussed in previous articles. However it is of such importance that it is worth repeating and going into more detail.

The law in Florida is very clear: the landlord may not use “self-help” to force a tenant to move out of a property. The landlords can only recover possession of rented property if the tenant surrenders it, abandons it, dies, or the landlord goes to the court to obtain a lawful eviction. To obtain a lawful eviction, the Landlord must follow all statutory eviction requirements, including giving proper notices and following t\he appropriate timelines.

In any lease situation, the landlord has an obligation of good faith. This means that the landlord must allow the tenant to have peaceful enjoyment of the property so long as the tenant follows the basic terms of the lease and pays the rent. In fact, they must allow the tenant to have peaceful possession even if they don’t pay the rent, until the Court evicts the tenant. After the hurricane, some landlords believed this obligation of good faith had been waived. It had not and has not. While the hurricane may have brought issues out regarding damage and repair, it has not changed the landlords’ obligation to their tenants.

Florida statutes 83.67 list certain practices that are prohibited by landlords. Landlords cannot take actions against tenants that would create a hardship on their continued residence in the property. Specifically, landlords may not turn off the utility provided to the property, including the electric, water, sewer, garbage, heat, light, or refrigeration. In fact, the landlord may not take away any utility that was previously provided. This means that if the landlord provided cablevision or telephone, they must allow those services to continue as well. Landlords may not take any action to block the tenant’s access to the property. The landlord may not change the locks on the properties. If the landlord previously provided parking, they must continue to provide parking. The Landlord may not tow the tenant’s vehicle nor install a wheel lock to prevent the tenant from moving their vehicle. The landlord may not remove any of the tenant’s property from the dwelling, nor remove any door, window, lock, wall, or roof, unless it is for the purpose of repairing and replacing it. This list is not exclusive. The landlord is prohibited from taking ANY action that would force out the tenant, except a lawful eviction action through the Courts.

If a landlord violates this obligation, they should be prepared to write a substantial check. Under the statute, the penalty for violating the statute is the tenant’s actual AND consequential damages OR three month’s rent whichever is greater, plus attorney fees and court costs (In one Florida case, the tenant claimed damages of $175,000 when a landlord put his belongings on the sidewalk and they were destroyed by rain).

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord/Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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