In Florida, a landlord almost always has to go through court in order to evict a residential tenant. If a landlord illegally locks out a residential tenant out, or changes the locks, or turns off the water, electricity or gas, the tenant will often have a cause of action for the greater of 3 months’ rent or the damages caused by the illegal conduct. Moreover, the tenant will be able to recover their reasonable attorneys’ fees and costs from the landlord if they are successful in the case, meaning that tenants may be able to secure representation without having to pay anything up front to the lawyers.

The law governing illegal evictions in Florida is Florida Statutes § 83.67, which provides that a landlord may not, other than through a lawful, court-ordered eviction:

• Remove a tenant’s belongings; or
• Prevent the the tenant from accessing the dwelling by changing the locks or otherwise interfering with access.

It is important to remember that this applies even if the tenant has fallen behind on rent or is otherwise violating the lease; the landlord must go through the proper eviction procedure in court before taking these actions.

The statute also prohibits a tenant from, “directly or indirectly” ending or interrupting any utility service furnished to the tenant, whether or not the utility service is under the control of, or payment is made by, the landlord. This means that even if a tenant falls behind on rent, a landlord cannot purposefully turn off any utilities. Thus, under the statute:

• A landlord may not turn off the renter’s water;
• A landlord may not turn off the renter’s electricity;
• A landlord may not turn off the renter’s heat;
• A landlord may not turn off the renter’s gas; and
• A landlord may not turn off the renter’s refrigeration.

Because Florida Statutes § 83.67 allows a prevailing tenant who has been illegally locked out of had their utilities illegally shut off to recover their reasonable attorneys’ fees, it is worth reaching out to attorneys, such as The Law Offices of Joseph S. Mack, who may be able to provide representation to a tenant without needing to charge that tenant any money.

If you have been illegally evicted by a Florida landlord, illegally locked out, or had your utilities shut off by a Florida landlord, please fill out the form below and someone from my office will contact you.