Landlord/Tenant & Evictions

Your Florida Landlord shuts off all utilities and locks you out, what do you do next?

Logo
Landlord Shuts Off Utilities

Your Florida Landlord shuts off all utilities and locks you out, what do you do next? The relationship between a Landlord and a Tenant is defined in the Florida Statutes, Chapter 83, Part II. Under the Florida Statutes, there are only three (3) ways a Landlord can regain possession of the property:

Possession

a) the Tenant abandons the property by not living there for a period of time without notifying the Landlord or by not paying rent;
b) the Tenant voluntarily allows the Landlord to retake possession of the property; or
c) the Landlord files an eviction action in the County Court.

In Florida, it is illegal for a Landlord to use any self-help measures. Self-help is defined as the Landlord taking proactive or retaliatory measures to regain possession of the premises. Proactive measures include shutting off the utilities and changing the locks that prohibit the Tenant from entering the premises.

Florida Statute 83.67 clearly prohibits the Landlord from causing, either directly or indirectly, the interruption of any utility service to the Tenant, including heat and refrigeration or changing the locks, but has been interpreted by the courts as prohibiting the removal of any amenity that was part of the original lease that will impair the Tenant’s habitation.

Penalty

Florida Self Help
Florida Self Help

The only remedies available to a Landlord is to initiate an Eviction action. If a Landlord violates this statute and tries to force the Tenant to leave without going through the Court, the Tenant is entitled to actual and consequential damages or 3 months rent, whichever is greater. The Tenant is also allowed to recover costs and attorney’s fees. Another remedy available for a Tenant is injunctive relief. An injunction is a Court order that tells someone to do something or prohibits someone from doing something. In a Landlord/Tenant scenario, an injunction could turn the utilities back on or change the locks to allow the Tenant to enter the property.

Law Office of Ryan S. Shipp, PLLC  represents numerous Landlords and Tenants and knows the in’s and outs of the Florida Statutes and the Florida court system.  If you’re a Tenant that is renting from a Landlord that is making your life miserable by means of self-help, give us a call today at 561.699.0399. Law Office of Ryan S. Shipp, PLLC is also available for walk-ins.  Our office is conveniently located located at 814 W. Lantana, Rd. Suite 1, Lantana, Florida 33462.

Licensed to practice law in the State of Florida since 2008, Ryan S. Shipp, Esquire is the founder and principal attorney at Law Office of Ryan S. Shipp, PLLC, which is located in Palm Beach County, Florida. Mr. Shipp and his team of associate attorneys and support staff focus their practice in the areas of real estate and business law.

Related Posts

Unlawful Detainer

Guest Won’t Leave House Florida | 561.699.0399

GUEST WON’T LEAVE HOUSE FLORIDA Do you have a guest that refuses to leave your Florida home? Problems with guests over staying their welcome are coming up now…

Ryan S. Shipp Esq.

Ryan Shipp, Esquire: The Tenacious Landlord Attorney Who Gets The Job Done

When it comes to landlord-tenant disputes in Florida, there’s one attorney who stands out from the rest: Ryan Shipp, Esquire. Known for his fierce determination, extensive legal knowledge…

Florida Unlawful Detainer

Florida Unlawful Detainer | 561.699.0399

What Is A Unlawful Detainer? An Unlawful Detainer is a lawsuit that is filed by a Florida property owner that requests that the court issue an order to…

Florida College Evictions

Eviction Challenges Near Florida College Campuses: Attorney Landlord Services To The Rescue

Hey there, landlords near college campuses in Florida! We know that managing rental properties can be a rewarding venture, but dealing with evictions can be a real headache….

Florida Landlords

Top 10 Things Every Florida Landlord Should Know

Are you interested in becoming a landlord in Florida or are you already a Florida landlord? Being a landlord can be a pretty rewarding experience, but it’s crucial…

Residential Lease Drafting

Residential Lease Drafting | 561.699.0399

Residential Lease Drafting Residential lease drafting is an essential process that landlords and tenants should engage in to establish the terms of a rental agreement. The process of…

Facebook Iconfacebook like buttonSubscribe on YouTubeTwitter Icontwitter follow buttonVisit Our Lead Counsel Page
Call Now Button**CLICK HERE** LET US CALL YOU