Legal Question in Landlord & Tenant Law in Florida

My friend owns his house and I moved in and rented a room. There was no contract or lease agreement signed. I have the cable, internet and phone in my name. Just after a month of my move in he asked me to leave. No fights, and I paid the rent, he is staying with his mother a couple hours north of Tampa. I told him I need time to find another place. Two days later he says he is turning off the electric and water. I do not have another place to move to. What are my legal rights?


Asked on 11/11/09, 10:27 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You do not have to have a lease. You have a verbal agreement.

Your friend must file an eviction. If your landlord violates the law by locking you out or cutting off your utilities, you may sue the landlord in Small Claims court for damages and an Injunction to allow you to lawfully remain in the rental unit until a legal eviction has taken place. ( I hope you have a copy of your rental receipts to show that you are renting). Also keep your receipts available as to the cable, internet and phone with this address on them to show the police in case he tries to remove you as an intruder. Go to the Courthouse and tell the clerk of court (they have the forms you need) that you are suing for damages under Chapter 83.67 of the Florida Statutes. You can sue for actual damages or three months rent, whichever is greater.

Contact the Utility company and request that they contact your landlord and explain that their action is illegal and violates the housing code

Until you are evicted by a Judge, you have the right to peaceable possessoin of your rental unit. Only the Sheriff can do evictions - NOT the landlord.

Good luck and God Bless.

.

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Answered on 11/16/09, 11:06 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You do not have a lease, but he cannot lock you out. It is probably too much of a mess to go to court over, so redouble your efforst to find a place to live. The first answer here is pretty good summary of what you can do, but if you can get a place quickly and move out, that is the path of least resistance.

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Answered on 11/16/09, 11:52 am
Lesly Longa Longa Law P.A.

He cannot resort to self-help by cutting off the utilities or changing the locks. There is helpful information at http://www.800helpfla.com/landlord_text.html.

Regards,

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Answered on 11/16/09, 11:56 am


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