Legal Question in Real Estate Law in Florida

Landlord Abusing Tenants

Our alcoholic landlady (a real estate broker with a home office in the complex)seems to believe that as the property owner, she has unlimited access to our apartment, day or night - whether we are home or not. The metal doors on the apartment do not have bolts/chains to prevent entry when we are at home. She even comes in during the night, when we are asleep. She has stolen money, and rifles through our belongings. She has given the keys to others to enter for no apparent reason but nosiness. Our lease prevents us from changing the locks. We call the police every time it happens, but this does not discourage her. What should we do now?


Asked on 12/14/99, 9:29 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Tenants rights to Quiet Enjoyment of rental

Facts: Alcoholic landlord/owner believes has unlimited access to our apartment, day or night - whether we are home or not. The metal doors on the apartment do not have bolts/chains to prevent entry when we are at home. Landlord even comes in during the night, when we are asleep and has stolen money, and rifles through belongings. Has given keys to others to enter for no apparent reason but nosiness. Lease prevents us from changing the locks. We call the police every time it happens, but this does not stop.

Q. What should we do now?

A. Consider moving ASAP. Until then, protect yourselves and your property by whatever means necessary. Advise your landlord you have a gun by your bed and will shoot intruders! Install deadbolts or other type locks; add a second lock. Take pictures! File a criminal complaint if it occurs again and prosecute. If you landlord is dumb enough to sue because of the new locks, then go to court and countersue for breach of covenant for quiet/peaceful use and enjoyment; for trespass; for harrassment; for invasion of your Constitutional right to privacy. Move ASAP.

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Answered on 12/16/99, 11:11 am


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