[NotMarshmallow]

I'd like to clarify what my parents, the Florida LLs in this story, understand. They have an eviction lawyer, but can only communicate with his front desk and what they're saying doesn't make sense to me (or my parents are only hearing what they want to hear).

Scenario: Tenant is now four months behind in rent (was three when this scenario started) and has written one bad check, broken lease for non-payment and broken addendum to the lease which was really an attempt to help him catch up in his arrears. We're long past the required 3-Day Pay or Quit, and as of close of business Friday he was supposed to have responded to the court of any disputes regarding the eviction. (As it is right now, we've not heard that he responded at all.) In between those two incidents, he wrote two letters stating he would be gathering his things and leaving on two different dates. Both dates came and went and he hadn't moved out. Despite their arranging a date/time for him to hand over the keys, he never showed, and the LLs have not been, by the tenant, given back possession via the handing over of keys. There were two pieces of damaged furniture set out on the road by the tenant, and visually we saw him loading up some things into his car's trunk on the same afternoon. But no real indication that he had moved out (back patio furniture, for example, still there. Utilities are still on as well.). One conversation between the two had the tenant state that he would be abandoning things he didn't want.

A call to the lawyer's office (their front desk) resulted in their stating that the LLs could enter the property if a 12-hour notice is put up on the front door. This was done this morning for entry this evening. LLs are planning on changing the locks and then calling the lawyers office tomorrow to stop the legal proceedings. I've told them that the 12 hour notice does not legally give them the right to claim possession. The lawyers front desk said that the LLs cannot force the tenant to return keys, etc. While it will cost the LLs, I think that they should allow the legal process to continue. I'm looking in the FL laws, and I can't tell what constitutes LL possession after the tenant's time to respond to the court, but before the court actually calls them both in.

[LisaB4657]

Never change the locks unless the tenant has handed in the keys. Changing the locks otherwise is an illegal eviction. Tell your parents to tell their attorney's front desk that they want the eviction lawsuit filed immediately if they haven't already done so.

[this8384]

I'm not 100% sure on your state laws, so I'll answer as if it were here in Wisconsin.

The 12-hour notice only allows the landlord to come into the apartment; your parents cannot legally change the locks unless an eviction has been ordered by the court and posted on the front door by the county sheriff.

They absolutely need the legal process to continue. If they haven't heard anything from the tenant, he could turn around and say they changed the locks while he was still living there. Even though he's so far behind on rent, that's illegal to do.

[NotMarshmallow]

Thought I'd update this - I don't necessarily agree with what the lawyer is stating, but this is what my folks (the LLs) are proceeding with. Their tenant did not respond to the summons posted on his door last week, and it went to the judge yesterday morning. Thus, officially, the eviction was filed yesterday, according to the lawyer. However, they also stated that the judge had 10 days to sign a judgement. I don't know if there is a difference between a judgement and a filed eviction... but, because my mother (following the posted notice of intent to enter) found everything gone with the a handful of items... he even took some of her property, like the shower curtain rods :confused:... the lawyer said that the house can be claimed as vacant. Because of this, and I'm assuming the judge filing an eviction yesterday, that the LLs were allowed to change the locks on the door and did not have to wait for the tenant to return with keys, etc. All items left behind are supposed to be kept for 20 days, however. She was also told that his credit status would be affected because of the eviction filed.

[Fr_Chuck]

When they filed for a eviction there should have been a court date set, not just the judge signing, and at that court hearing there will be a specific date the have to be out, if not then they go in and take possession.

But they can not change the locks till the date on the court order signed by the judge.

This is also not a judgement, a judgement is merely for collecting back rents due

[LisaB4657]

I would not change the locks until the judge signs the order, even if the property looks empty. If you changed the locks before the judge signs then it is still considered an illegal eviction.