Florida Injury Lawyer Blog
Many states have anti-eviction legislation to protect tenants from unlawful evictions. Florida does not have an anti-eviction act specifically, but it does have laws designed to protect those who rent their home. The challenge is that many landlords and tenants are not aware of these laws.
What Law Protect Florida Tenants in Landlord/Tenant Disputes?
The Florida law relevant to evictions is Fla. Stat. Ann. § 83.56. Under this law, landlords must give their tenants proper notice that they need to move out. This notice must include the specific date the tenant must move. If the tenant has not moved out by that date, the landlord must file an eviction notice and win that eviction case. The landlord must then post the Writ of Possession on the property before evicting the tenant.
Under this law, a landlord can’t just remove a tenant’s possession, cut off the power, or change the locks. They must follow the process for a correct eviction, which gives the tenant a chance to respond. If, after following all the rules and posting a Writ of Possession the tenant still refuses to leave, the landlord must call a Sherriff to oversee the eviction.
Under this law, if the tenant leaves of their own accord without offering notice or paying rent, the landlord does not have to follow the eviction notice.
This is where confusion sometimes happens. A tenant may get a notice to move out and not knowing about their rights they may move out at their own expense. Once they do so, the landlord’s obligations for the eviction process end. For this reason, it can be useful for tenants to speak to an attorney if they receive any notice from their landlord asking them to move out. An experienced attorney can explain the tenant’s rights and can safeguard those rights.
Fla. Stat. Ann. § 83.56 also protects landlords. Under this statute, landlords have rights if a renter stops paying rent. They can send a note telling the tenant they need to leave in three days if they have not paid rent. If the tenant is being evicted for another reason, the landlord must give them seven days to vacate.
Handling a Wrongful Eviction
Not all landlords understand or correctly follow eviction laws. If there is no court order in your situation, your landlord cannot remove you from the property, change the locks, or cut off power. If your landlord attempts any of these measures or is harassing you, contact the police or an attorney.
As soon as your landlord starts any attempts to evict you, it’s important to keep track of any communication you receive. You may also want to contact an anti-eviction act attorney immediately in Hollywood or your community, so your attorney can work to protect you. You can always contact Flaxman Law Group at 1-866-352-9626 (1-866-FLAXMAN) to schedule a free, no obligation consultation with us.