Legal Question in Landlord & Tenant Law in Florida

My husband and I was involved in a domestic violence dispute and I wound up going to jail. When I was bailed out the next morning I was placed on Pre-Trial Release. As a condition of my release I could not have any contact with my husband and could not return to my residence until all court was over. Yes, I was on the lease with my husband and mother in law (Also living there are my husbands sister, her boyfriend and their 7 month old son. My husband has since moved "back home" to North Carolina). I also have THE original leases that is not up until March 2011. I just found out they "took me off" the lease and changed the locks(I have not received any eviction or notice of any kind to have me removed from the lease.They had all the utilities that were in my name disconnected and reconnected in their name(I am not sure but I think in my mother in laws), packed all of my son and I's stuff ( what they didn't want or "threw away") and put it in a shed in the back yard that has half of the roof missing. It all got either water damage or was totally ruined. Is all this legal? Can they really do this? I need to know what legal rights if any I have? Thank you for your time and any advice you can offer me...


Asked on 10/19/10, 11:05 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Find out the status of your lease by calling the landlord. If you are "off the lease" according to the landlord, get this in writing from him, and consider yourself lucky that you won't be forced to pay rent on a property occupied by your husband's family.

As for your personal possessions, you can file a claim in small claims court (up to $5000). Be prepared to present a list and current value of the items at the time they were removed from the premises. If any of these people (who are responsible for moving the things) are "collectable" you may be able to get a judgment against them. You would be smart to send them a demand letter to retrieve your belongings before filing a claim. If you retrieve your stuff, and it's ruined, due to their actions, at least you will have evidence to show the court.

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Answered on 10/25/10, 5:26 am


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