(LAKELAND, Fla.) - Landlords in Florida cannot legally shut off a tenant’s electricity, water, or other utilities or change the locks to force them out of their home, regardless of the circumstances. Such actions violate Florida law, which requires landlords to follow the proper legal process to evict tenants, even if they are behind on rent.
Under Florida Statute §83.67, landlords who interrupt utility services or take other drastic measures, such as removing doors or windows, are subject to legal penalties. Tenants affected by these actions can contact Florida Rural Legal Services (FRLS) to have utilities restored or regain access to their property. FRLS may also remind landlords that eviction must go through the courts.
Tenants have additional legal options, including filing for a court order to restore utilities or access to the rental unit.
“This law is here to protect renters from being forced out unfairly,” said a representative from Florida Legal Services, a nonprofit offering free housing legal aid. “If your landlord takes illegal actions to evict you, you don’t have to face it alone.”
Also, if you are successful in proving the illegal eviction, the landlord shall be liable to you for three (3) months' rent or actual damages, whichever is higher, plus costs and attorney’s fees. If the amount of damages that you are attempting to recover is less than $8,000, you can easily file a pro se action (without a lawyer) against the landlord in Small Claims Court. If the amount of damages that you are attempting to recover is more than $8,000.00, then you must file your action in County Court. However, be advised that if you do sue your landlord for illegal eviction, you may be counter-sued for any damages, such as unpaid rent, that may have arisen out of your tenancy. The prevailing party is entitled to court costs and attorney's fees.
Tenants can determine if they qualify for free legal assistance by calling 1-888-582-3410. Florida Legal Services’ free housing resources are funded by the Legal Services Corporation.