Even in situations where the tenant has not been paying rent, a landlord in Florida can not simply enter the premises, restrict access, and dispose of personal property. Some situations are more severe than others and if you are like this Florida tenant we suggest calling 911.
The article does not discuss underlying issues that lead to the disposal of the tenant’s property. However, regardless of the issue the actions the landlord took were illegal. The landlord could be charged or sued on several different causes of action including self-help eviction. The only way a Landlord can legally get a tenant off their property is detailed in Florida Statute 83.59 (3) which reads:
(3) The landlord shall not recover possession of a dwelling unit except:
(a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the dwelling unit to the landlord;
(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or
(d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.
Still have questions? If you have been a victim of a self-help eviction give us a call toll free at 1-855-529-7256, or simply reach out to us through our online portal.
