Wrongful Eviction in Florida

Eviction laws in Florida recognize illegal or wrongful evictions. For example, it is illegal for landlords in Florida to evict a tenant because of their race, gender, or other protected characteristics. It is illegal for a landlord to evict a tenant because they have requested maintenance or complained about conditions in their unit, e.g., lack of heat in winter.

An eviction that is not completed as specified by Florida landlord-tenant law would be illegal. If a tenant is not sure about their own eviction and whether it is legal, a legal consultation in Florida would be helpful.

If a landlord should evict a tenant wrongfully or illegally, they can be sued and made to pay money damages to the tenant. Florida law provides for damages for wrongful eviction as follows:

• The tenant’s actual and consequential damages or 3 months’ rent, whichever is greater
• The tenant’s costs for filing their lawsuit and
• The attorney’s fees of the tenant’s attorney.

If the landlord should engage in illegal conduct, such as turning off utilities in a rental unit or changing locks, more than one time, they may be required to pay the tenant damages for each such incident in which the tenant is harmed.

What Are Some Examples of Wrongful Eviction?

Some additional examples of wrongful eviction include the following:

• Removing the doors or windows of a rental unit
• Changing the locks of a rental unit while the tenant is out and not giving the tenant keys that work to give access
• Interfering with a tenant’s utilities, including cutting off the water to a rental unit, shutting off the electricity or stopping other kinds of utility service
• Installing a bootlock on the outside doors to the unit
• Preventing the tenant from gaining access to the rental unit in a reasonable way; and
• Removing outside roofing or walls except as needed to make repairs or perform maintenance.

If a tenant has been subjected to conduct of this type by their landlord, they should consult a Florida lawyer. It is important to note that even if a landlord has grounds to evict a tenant, they cannot engage in actions that amount to wrongful eviction. Landlords should respect the law and follow the eviction procedures provided by Florida law.

Even if a tenant has failed to pay their rent on time or has violated other terms of their lease, a landlord is obligated to follow legal procedures to evict the tenant. In Florida, a tenant has a right to remain in their rental until the landlord completes the legal eviction process.

What Does the Eviction Process Involve?

To begin an eviction, a landlord must provide a tenant with the legally required notice. There are 4 kinds of notices in Florida as follows:

• 3-Day Notice: A tenant who has not paid their rent on time receives this notice, which should state the exact amount of rent that the tenant owes. In addition, the notice would clearly inform the tenant that they have no more than 3 business days to pay it.
  • The notice must inform the tenant that their tenancy is terminated if they fail to pay within the 3 days and they can be evicted.
• 7-Day Notice of Lease Violation: If a tenant has violated some provision of their lease that does not involve paying rent, the landlord must give them 7 days to cure the violation.
  • This type of notice is the one to use in cases that involve violations other than a tenant’s failure to pay rent, e.g., the tenant has a dog in violation of a no-dogs provision in their lease. Again, if the violation is not fixed within the 7-day notice period, the landlord can file for eviction.
• 7-Day “Unconditional Quit” Notice: A tenant may violate some part of their lease in a way that does not allow the tenant to correct it. In these cases, the landlord is allowed to give the tenant a 7-day “unconditional quit” notice. The tenant is told that they have 7 days to vacate the rental unit. If they do not vacate the unit within 7 days, an eviction can go forward in court.
• Notice in the Absence of a Lease: If a landlord and tenant do not have a written lease agreement, the landlord can end the tenancy without giving the tenant any specific reason. The landlord only has to send proper notice to the tenant, allowing them the number of days provided by Florida law to vacate the unit. For example, a landlord must give a tenant with a month-to-month lease 15 days to vacate.

Leases do not automatically renew then they expire under Florida law. So, tenants who remain in a rental unit after their lease has expired without making a new lease agreement with the landlord do not have a lease at all. In this situation, the notice process for month-to-month tenants noted above is applicable.

When a landlord needs to evict a tenant per eviction laws in Florida, the landlord must respect certain specific legal requirements about how the termination notice is delivered.

The options are as follows:

• Hand Delivery: Arguably, hand delivery personally to the tenant is the preferred manner in which to deliver a notice of termination.
• Mail: The notice can be mailed via the U.S.P.S. to the tenant’s address. If this is done via certified mail return receipt requested, the landlord has proof that the tenant received it.
• Posting: The notice can be taped to the front door of the tenant’s residence preferably in a place where it can be readily seen.

Florida law requires the landlord to wait for the required number of days before beginning an eviction lawsuit after delivering the notice of termination.

Eviction lawsuits should be filed in the Florida county in which the rental property is located. Certain documents must be filed with the eviction complaint. The complaint must be filed with a copy of the lease, if there is one, and a copy of the notice sent to the tenant.

The county court clerk sends the tenant a copy of the eviction summons and complaint. In addition, a landlord has to hire either a private process server or the county sheriff to deliver a copy of the summons and complaint to the tenant in person. The tenant then has the chance to respond to the complaint.

• Tenant Response: Florida law gives a tenant 5 days to file their answer to an eviction complaint with the county clerk. If the tenant files an answer with the court clerk, a hearing date is set and a judge is assigned to hear the case.
• Hearing: Landlords must attend the hearing on the date and time specified by the clerk. They should bring the evidence they intend to use to prove their case. This would usually be documents and witnesses. Of course, if the tenant has filed a response to the complaint, they must also appear at the appointed hour with the evidence they need to show why they should not be evicted.
• Judgment and Writ of Possession: If the landlord wins their case, the judge issues a judgment in the landlord’s favor. The judgment is given to the county clerk who issues a writ of possession to the landlord.
• Eviction Process if Tenant Does Not Answer: If a tenant does not file a response to the landlord’s complaint, after 5 days have passed, the landlord may move for a default judgment. A date and time for a hearing on the motion is set. The landlord should appear. If all the paperwork complies with requirements, the judge issues a judgment in favor of the landlord. The judgment goes to the clerk who gives the landlord a writ of possession.
• Sheriff Executes Writ of Possession: The county sheriff’s department must serve a tenant with the writ of possession and remove the tenant and their belongings if necessary. In other words, there is no other individual or entity that has the authority to perform an actual eviction.

How Can I Sue a Landlord for Illegal Eviction?

A tenant can consult a lawyer about preparing and filing a complaint against their landlord for wrongful eviction. In addition, a tenant can go to court and seek an injunction that would direct their landlord to stop committing illegal acts against the tenant.

Again, a tenant might want to consult a Florida lawyer about seeking an injunction and filing a lawsuit.

How Much Can I Sue a Landlord for Wrongful Eviction?

As noted above, Florida law provides that the following damages are available for wrongful eviction:

• The tenant’s actual and consequential damages or 3 months’ rent, whichever is greater
• The actual costs of filing the lawsuit and
• The attorney’s fees of the tenant’s attorney.

What Is the Statute of Limitations on Suing a Landlord for Wrongful Eviction in Florida?

A tenant should assume that the statute of limitations for an action against a landlord for wrongful eviction is 1 year from the date of the incidents that constitute the wrongful eviction.

Are There Any Defenses To Wrongful Eviction Lawsuits?

A landlord can avoid a wrongful eviction lawsuit by following legal procedures to evict a tenant. If a landlord is sued for wrongful eviction, they can always deny that they engaged in any of the conduct alleged in the complaint that constituted the illegal eviction.

Do I Need a Lawyer for a Wrongful Eviction Lawsuit?

Whether you are a tenant or a landlord, if you are involved in a wrongful eviction lawsuit, you need to consult a Florida landlord-tenant lawyer. LegalMatch.com can connect you to a Florida lawyer who understands that state’s landlord-tenant laws and can guide you to the best result in your case.