The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Florida Complaint - Damages for Wrongful Termination of Lease
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Multi-State
Control #:
US-03273BG
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Word;
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FAQ
It was the first time in the District of Columbia that a landlord had been ordered to pay punitive damages to a tenant for failure to repair defects in rental housing, and is "the start of a trend" in the city, said Timothy J. Aluise, one of the lawyers representing Gyebi.
Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order. The only exception to this is if you have legally abandoned your place.
Almost every state says that a landlord can make a tenant pay for repairs. However, you need to be careful about waiting to make repairs until the tenant has paid. Under Florida law, landlords must make any necessary property repairs to uphold state and local health, housing, and building codes.
Ing to section 83.67 of the Florida Statutes, landlords guilty of self-help evictions are liable to pay the tenant for actual, consequential damages or three month's rent, whichever is greater.
If the security deposit doesn't cover all the damages caused by a tenant, a landlord is entitled to sue a tenant to recover the additional money. Often, a landlord will seek damages small enough to be handled by Small Claims Court, which in Florida is $5,000 or less.
Under Section 83.63, Florida Statutes, if the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant, so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises.
Section 83.20 provides a cause of action for removal of a commercial tenant under the following circumstances:The tenant continues in possession of the premises after expiration of the rental without the permission of the landlord;The tenant holds over without permission after default in the payment of rent provided ...
Section 83.64 - Retaliatory conduct (1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant.