What happens when you are unable to pay your rent, but rather than undertaking legal eviction proceedings your landlord decides that they will turn off your utilities or lock you out of the premises as an incentive to force you to leave? This is what is commonly called a self-help eviction. Meaning instead of legally pursuing an eviction against a tenant the landlord takes it upon himself to force tenant to vacate. This is explicitly forbidden by Florida Statute 83.67.
The Statute, in part, reads: “(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord. (2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.”
If you are a victim of a Landlord who has forcefully locked you out of your home or discontinued utility services under Florida law you may recover actual or consequential damages or 3 months’ rent, whichever is greater, and costs including your attorney’s fees. Furthermore, if you were forced to vacate this act of aggression by the landlord will most likely be seen as a self-help eviction and could entitle you to fight for your security deposit back.
Has your water or heat been turned off by your landlord? Come home and your electricity is shut off? Trying to cook and have no Gas because your Florida Landlord has discontinued the service?
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