What Are My Rights If My Landlord Is Evicting Me?
Updated: Sep 13, 2020
Tenant eviction is a legal process a landlord does to remove a tenant from their property for failure to pay rent or willful destruction of property. Florida has very strict eviction laws. Call one of our attorneys who is experience in the eviction process.
The CDC issued a moratorium on Evictions through the end of 2020. You still OWE YOUR RENT, but your Landlord cannot legally evict you until the moratorium ends on December 31, 2020. You should try to negotiate a payment plan with your landlord.
Landlords can file eviction actions in court; however, final judgments will be withheld until the moratorium is lifted.
What is an eviction?
An eviction is when a landlord goes through the legal process to remove you from their property. The eviction laws in Florida are strict. A landlord must follow the law and will file the eviction through the court.
The following must take place before you are legally required to move out:
1. You must be given written notice of eviction from your Landlord.
2. The Landlord must file your eviction with the court.
3. The you are served with legal paperwork, a summons, and a complaint.
4. The legal paperwork must be delivered by a sheriff or process server.
5. The you are allowed to respond to the court by filing an Answer before the deadline.
6. Both you and the Landlord must appear in court before a judge.
7. The Judge can grant or deny the eviction, depending on the circumstances.
8. If eviction is denied or dismissed, both parties will negotiate new lease terms before the Judge.
9. If eviction is granted, a Writ of Possession is posted on the property and you have 24 hours to move.
What Your Landlord Cannot Do If your Landlord does the following illegal actions, you should immediately call the police and one of our attorneys. • Disconnect your water, gas, or electric. • Change or removing the locks on your door.
• Remove any doors or windows.
• Remove your property from the home.
In Florida, landlords who try to move you out using illegal means may be required to pay your rent for up to 3 months. The Landlord may have to pay even more if their illegal actions cost you more than 3 months' rent.
You may have to sue your Landlord and go to court to receive damages and attorney fees caused by their illegal actions.