Fort Lauderdale Tenant Rights is something we assist clients with on a daily basis. The landlord-tenant relationship in Florida is governed under Chapter 83 of Florida Statutes. Chapter 83 is comprised of two (2) important Sections. Part I is for Non-Residential Tenancies and Part II applies to Residential Tenancies. A landlord must follow all the steps of the law and go through the Florida Judicial system to properly evict a tenant. Before eviction, the following must take place:
- The tenant gets a written notice to vacate;
- The tenant is served a summons and complaint by a sheriff or authorized process server
- The tenant has an opportunity to respond (in some cases, this may include a court hearing);
- A Final Judgment of Eviction is Entered; and
- A Writ of Possession is posted.
If your landlord is trying to evict you without properly going through the above procedures, your landlord is breaking the law.
To force a tenant to move out of the property, landlords sometimes shut off water, electricity or gas, or change the locks on the door. This is illegal and in Florida is called Self-Help (see Florida Statute 83.67). If your landlord tries to make you move by shutting off your utilities, changing or removing the locks on your home, removing doors or windows, or taking your property from your home you should call the police and and a qualified and experienced Eviction lawyer.
Florida law states that a landlord who attempts these prohibited practices may have to pay the tenant for up to three months’ rent (or more if your landlord’s behavior has cost you more than three months’ rent). You will have to take the landlord to court to get this (known as “damages”), but if you win, the court can order your landlord to pay your attorney’s fees and costs.
Is your Fort Lauderdale landlord or Broward County landlord violating your tenant rights? The experienced tenant lawyers @ 954 Eviction Attorneys, PLLC are here to protect your Fort Lauderdale Tenant Rights. Call us today @ (954) 323-2529. We have offices in Broward and Palm Beach Counties to with assist Eviction defense and Fort Lauderdale Tenant Rights.