In Florida, tenants can sue their landlords for “illegal eviction” if the landlord wrongfully evicts them from their home. The Florida Legislature passed specific laws that provides this legal remedy to tenants who have been evicted in Section Two of Florida’s Landlord and Tenant Code ( see, e.g., Florida Statute 83.67).
Here’s how it works.
1. Eviction Must Have Happened
For a tenant to sue for being wrongfully evicted, the first thing that must be shown is that there was an “eviction” as that is understood under the law. If the tenant just gets frustrated with a slumlord landlord and leaves, then that is not an eviction. It doesn’t matter how bad the landlord acted and how the tenant was justified to move out.
An eviction involves a landlord taking steps to force the tenant to vacate the dwelling. The landlord can do this legally by following the procedures of Florida Landlord-Tenant law, or he can do so illegally.
A landlord that fails to follow the proper steps for an eviction can be held liable to the tenant for an “illegal eviction”.
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2. Proof of Landlord Violating the Law
To sue the landlord, a tenant has to gather proof about what has happened. This has to be authenticated, admissible evidence that the landlord has violated the law.
Florida Statute 83.67 sets up various ways that the tenant can show this. They include:
- Proof that the landlord locked you out of your home;
- Evidence that the landlord cut off your electricity or water (utilities);
- Proof the landlord locked you out by changing the locks on the doors of your home; or
- Evidence the landlord took off doors or windows to force you to leave.
How can the tenant get evidence that the landlord has done these things? It takes more than the tenant’s own description or statement that this was done. Evidence must be gathered.
This proof can include things like:
- Utility bills and shut-off notices;
- Videos of the keys not working in the lock;
- Videos of doorways where the door is missing;
- Photos of windows where the window has been removed;
- Videos that the electricity does not work in the apartment;
- Videos that the water isn’t working in the apartment;
- Witness statements that they watched the landlord doing any of these things;
- Police statements confirming that these things have been done to the home.
3. Going to Court for Help
The next step for the tenant is getting help from the civil justice system. This means filing a lawsuit against the landlord.
A. Hire a Lawyer?
Tenants may want to enlist the aid of an experienced Florida real estate attorney here, one who has helped other tenants with illegal evictions and bad landlords. However, tenants do have the option of proceeding without a lawyer for illegal evictions in Florida.
Whether or not to get the help of an attorney is one of the first and most important decisions the tenant must make.
B. Complaint Filed With Court Clerk
To start the illegal eviction lawsuit, the tenant must file a “complaint” with the clerk of the court.
Complaint Form
A complaint is a formal, legal document. It must follow a specific format. Complaints have special headings, sections, and signature blocks, for instance. For more, see our discussion on real estate disputes which includes examples of complaint forms.)
Causes of Action
Causes of Action must be included in the complaint. These are the legal arguments that the landlord has violated the law. In an illegal eviction, these are the parts of Florida law that the landlord failed to follow. For instance, did he shut off the electricity? Then this is a cause of action to be listed in the complaint, referencing Florida Statute 83.67(2).
Relief
After the tenant has listed the illegal actions of the landlord, the tenant must also describe what relief is being requested from the court. Do you want money? Do you want to stay in the residence? Do you want both? What about covering your attorneys’ fees and court costs?
C. What Do You Want? Types of Relief
In Florida, laws spell out exactly what the residential landlord can be held liable for should he or she commit an illegal eviction. Under Florida Statute 83.67(6), the tenant has specific kinds of relief available. These are:
Actual Damages. This is the total amount of what you spent (or what you lost) directly because of the landlord’s bad acts.
Consequential Damages. These are indirect losses you incurred as a result of the landlord’s bad acts.
Three Months’ Rent (if this total is greater than the sum of the actual and consequential damages)
Costs. These are the costs that the Tenant had to spend to file the lawsuit and get justice.
Separate Bad Acts. Importantly, repeated violations of Florida law by the landlord means that the tenant can be granted relief for each violation that is not contemporaneous. If they happened separately, then the landlord can be liable for those damages as a separate award.
Example: If he turned off the electricity in a separate act from removing a door or changing the locks or taking the TV, then he can be held liable for these acts independently.
Injunction. The court can also grant the tenant an “injunction.” This is a court order providing the tenant with “injunctive relief.”
Here, the judge orders the landlord to stop doing the illegal actions and to go back and un-do whatever bad acts that he has done in his attempts to evict. The order can also include a mandate that the landlord refrain from bothering the tenant in the future.
Replevin. If the landlord took your property (say, your television or your bed) to try and get you to leave, then you can also ask the court for an order of replevin. This is an order from the judge that the landlord return your property to you.
4. Choosing the Right Court to File Your Lawsuit
In Florida, the court system is organized according to “amounts in controversy.” If your claims against the landlord are a maximum of $5000 (not including costs, attorneys’ fees, or interest), then you may be able to file your complaint in Small Claims Court.
Here are the Rules of Procedure for Florida Small Claims Courts.
If your damages total between $5,000 and $15,000, then you must file your lawsuit for illegal eviction with the County Court for the county in which the residence is located. If damages total over $15,000, your lawsuit must be filed the Circuit Court located in the county where the eviction occurred.
Tenant Files without a Lawyer in Small Claims Court
A tenant can file his illegal eviction lawsuit here without hiring a lawyer. He must follow the requirements of Rule 7.050 of the Small Claims Court procedural rule, “Party Not Represented by Attorney to Sign”. This requires:
- signature of tenant on the statement of claim or other paper (complaint); and
- tenant’s address and telephone number, including area code (e-mail address is optional but recommended).
Clerk of Small Claims Court
Insofar as the process itself and the completion of the necessary paperwork, the Clerk of the Small Claims Court is instructed under this Rule to assist in the paperwork that is to be filed with the court at the tenant’s request. The clerk does not help with service or discovery.
5. Importance of the Lease Agreement
In any lawsuit between a landlord and tenant, the written lease agreement will control their actions. However, the landlord cannot try and evade the legal requirement mandated by the Florida Legislature as prohibited actions by inserting language into the lease. Florida Statute 83.67(5).
For instance, if the landlord inserts a paragraph that states the tenant allows him to change the locks as he wishes, that goes against the law. He can only change the locks on the residence as it is allowed by statute – and not as a means to force the tenant to leave.
The lease agreement is a very powerful contract. However, it cannot be used as a means to manipulate around the eviction laws of the State of Florida. See Florida Statute 83.47
Additionally, a landlord cannot insert language into the lease that limits his liability in the event that he is found guilty of illegal eviction. Under Florida Statute 83.47, that language will be ignored by the courts and considered void.
Your lawsuit for illegal eviction will be governed by (1) the terms of your lease agreement together with (2) Chapter 83 of the Florida Statutes. If both the contract and the statute address an issue in different ways, then the statute will control over the wording of the lease.
How a Florida Real Estate Lawyer Can Help Tenants with Evictions
If you have been evicted from your apartment or condo here in Florida, or you are having difficulties with your landlord and suspect that he is trying to force you to leave, then it may be helpful for you to have a tenant’s rights lawyer to help you with the problem.
If you are a victim of illegal eviction here in Florida, then you have rights under Florida law and established remedies that can be awarded to you.
Getting help from an experienced Florida landlord-tenant lawyer is important to learn about your legal rights. Most tenants’ rights lawyers, like Larry Tolchinsky, will offer a free initial consultation to answer your questions.
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