Legal Question in Landlord & Tenant Law in Florida

landlord - tenant

landlord served notice of pay or quit and cut ac thermostat line to house. Police say it's civil matter unless we see him on property doing further damage. Can he as defaulting on mortgage himself force us out and do damage to house to make unbearable to stay till court passes judgement?


Asked on 6/23/09, 4:57 pm

1 Answer from Attorneys

Re: landlord - tenant

It sounds as if your landlord may be attempting to do a "self help eviction". This is not allowed in Florida. Your landlord cannot cut off any utilities or change the locks on you in order to get you to leave. In order to evict you, your landlord must go through court. The things your landlord is not allowed to do are laid out in Florida Statutes 83.67. You can find the Florida Statutes online at the state's website "online sunshine". Cutting off the air (refridgeration or other utility) would seem to be a violation.

If your landlord has attempted a self help eviction, they may be liable to you for 3 months rent (or actual harm it caused to you) and your costs and attorney's fees. This penalty is also in Florida Statutes 83.67. The penalty against the landlord still goes even if you get evicted. If the landlord tried to force you out without going through court first, then the landlord may be liable to you for three months rent.

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Answered on 6/23/09, 6:02 pm


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