Legal Question in Real Estate Law in Florida
Landlord destroyed our property before lease had expired!!!!
I was a tenant who always paid my rent. I notified the landlord in writting(with one month notice) that i would have to terminate my lease early (which was allowed in our lease agreement). In the letter i specified that i would be leaving the apartment by January 1, 2000.
On December 27th, 3 days prior to the date i had agreed to turn over the keys, the landlord came into the apartment while i was not home, removed all the property still in the apt (radios, phone, toiletries, vaccum, clothing, etc.) and threw in dumpster and compacted it. Upon returning to apt, the landlord said they "thought" i had left and admitted to making mistake. We made a list of the items and they totaled $3500. Police were called and police report was made. We have since moved to Canada.
What are our options?? If we have to sue, can we also ask for compensation for travel expense back to Florida- and long distance phone bills that are adding up. Are there any other damages we can ask for (some items are irreplaceable). Would this be a civil matter or criminal? Would we be able to recoup all of our losses??
3 Answers from Attorneys
Re: Landlord destroyed our property before lease had expired!!!!
The costs of litigation is borne by the party to the suit. In your case you have to advance to necessary costs and retainer to counsel. Your recovery would be your damages..the value of the merchandise immediately prior to distruction. plus the costs of suit. Because of the intentional nature of the act you MAY recover additional damages but that cannot be assured. Let me know if I can help you. My voice # is 305-940-8080
Re: Landlord destroyed our property before lease had expired!!!!
The situation could be considered both criminal and civil.
It is totally within the discretion of the local
state attorney as to whether to proceed with a
criminal action.
You have the right to proceed with a civil action.
Two theories are wrongful eviction and conversion.
Unfortunately, you would not be reimbursed attorney's
fees are your traveling costs.
Another possibility is violation of section 82.67,
which prohibits landlords from changing locks,
cutting off utilities or otherwise interfering
with a tenant's right of possession. This statute
provides the tenant is entitled to actual damages
or three times the amount of rent, whichever is
greater, plus attorney's fees. If this was done in
Hillsborough, Pasco or Pinellas counties, I will be glad
to discuss the matter with you further. 813-960-1952.
Re: Landlord destroyed our property before lease had expired!!!!
Your landlord committed serious wrongs against you. Unfortunately, the legal action remains in Florida and you must return at your expense if you had to appear in court.You may be able to intimidate him into settlement with a strongly worded attorney letter. However, if a criminal arrest and prosecution took place, the State normally picks up the cost of transporting witnesses and if the Defendant is found guity, expenses can be taxed against him.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
