Legal Question in Real Estate Law in Florida

You need to evict. After you get order removing the tenant, or after abandonment, you can change the locks. If there is an emergent situation OR based upon your rights under the lease you may be entitled to change the locks as well. Seek legal guidance.

A tenant has certain rights and responsibilities under Florida law. SEE Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act.

NOTE. A tenant in federally subsidized rental housing has rights under federal law, too.

If there is no written lease, these laws regulate the tenant's rights. NOTE There may also be a written lease that could affect a tenant's rights. If there is a written lease, it should be carefully reviewed. Otherwise, The Florida Residential Landlord Tenant Act prevails over what the lease says.

A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use. The landlord may enter the dwelling only in order to inspect the premises or to make necessary or agreed repairs, but then only if he or she first gives the tenant reasonable notice and comes at a convenient time. If an emergency exists, the requirement for notice may be shortened or waived in your Lease Agreement. See your lease; consult with a competent Tenant/Landlord attorney. Note the law had substantial revisions made in 2013. Some attorneys may not be clear on the new Statute.

If you have the right to a key and/or are denied access after giving reasonable notice, you may consider a 7 days Notice of Noncompliance. Generally the form states that if they don't comply within 7 days you may terminate the lease and seek possession; additionally, they are prohibited from another violation for the next 12 months. I suggest you have it sent return receipt certified and have the 7 days begin from the receipt.

If the lease has expired; you may give notice of termination as provided under the lease, or Florida Statutes.

Good luck.

I hope this information was useful.

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