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In Florida, it is illegal to evict a tenant without providing them with adequate notice. If a tenant misses a rent payment, the landlord may issue them an eviction notice. The tenant will then have three days to make the rent payment or vacate the property.
Examples of illegal ?self-help? evictions include changing the locks, removing the front door, or turning off the heat or electricity?all of which may be the basis for a tenant suing a landlord. Florida tenants may sue for actual damages or whichever is greater. A tenant may recover court costs and attorney fees.
If a landlord has discovered that the tenant is conducting an illegal activity or that something illegal is happening in the rental property, yes, they can evict that tenant.
It is the crime of a landlord or agent unlawfully evicting or harassing his or her tenant. Unlawful eviction is the deprivation of occupation of a residential occupier of any premises of his occupation or any part of it or attempts to do so :s1(2) of 1977 Act.
How Tenants Can Fight (or Delay) an Eviction in Florida Talk to Your Landlord. The best way to delay an eviction is to talk to your landlord. ... Fight (Raise a Defense) ... Ask for a Continuance. ... Talk to the Judge. ... File For Bankruptcy to Delay Your Eviction. ... Should I Ignore an Eviction Notice?
Under Florida State laws, if your tenant is unable to or refuses to pay, the only way to remove them legally is through the eviction process. Normally, the police does not get involved with the removal of a tenant as such process is handled through the civil eviction process and not criminal law.
The first and most obvious step is to raise the issue with the landlord directly. If they are harassing you, threatening you, or committing any other offense, such as attempting to evict you without proper notice, inform them that their actions are unlawful and request that the behavior stop.
If you do not pay the rent you can be evicted. But, you cannot be evicted without a court order.