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What is Self-Help Eviction?

While it seems like a landlord has far more power than a tenant, they cannot do anything that they want. Even if a tenant has fallen behind on their rent obligations, the landlord must go through a legal process before they can evict the tenant. If not, the tenant can actually sue the landlord for damages.

Some landlords want to be rid of a tenant because they are not paying rent or have otherwise broken the lease. It is not that simple. Florida law requires that the landlord begin a legal action in court and have a judge order an eviction that is enforced by the sheriff. This is the only way that a landlord can evict a tenant. Just like a tenant has legal obligations, it is a two-way street.

In some cases, the landlord may try to evict a tenant on their own. They may do things like changing the locks or moving the tenant’s possessions out onto the street. This is a self-help eviction, and it is illegal. The landlord must wait until the eviction is ordered by the court, and they need to schedule a time with the sheriff to actually carry it out. This is a tenant’s right no matter what they have done to violate the terms of the lease.

Damages for an Illegal Eviction

Tenants can file a lawsuit and recover the following types of damages:

  • Emotional distress
  • Actual damages to their property
  • The costs of finding another place to live
  • Possible punitive damages against the landlord
  • Reasonable attorney’s fees

Contact a St. Augustine Landlord/Tenant Attorney

If your landlord has broken the law, you have legal rights. One of them may be the right to compensation. Contact the attorneys at Naples & Spence today online or call us at (904) 944-7429 to discuss whether your landlord may have broken the law.