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    goldielox112's Avatar
    goldielox112 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 12, 2007, 08:40 AM
    Eviction Law in Florida
    I have a friend who live in an apartment in south Florida. The landlord is trying to get him out of the apartment but has not served him with eviction papers. They have however, turned off the utilities on him. As of right now he is without power and water. The utilities however are in the landlords name I believe. Is this legal?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 12, 2007, 08:43 AM
    No! A landlord is required to provide a habitable living space. They can't just force the tenant out by making the space uninhabitable. Your friend needs to call the housing services agency in his area to see what recourse he has.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Mar 12, 2007, 08:46 AM
    No this is not legal. Those utilities are part of the apartment rental agreement and can't be terminated prior to eviction. On the other hand your friend apparently isn't paying rent and will soon be evicted so the real choice is clear. Pay the rent or move out.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Mar 12, 2007, 08:55 AM
    Hello Goldie:

    The answer is no. Below is the law, and the remedy:

    83.67 Prohibited practices.--

    "(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether the utility service is under the control of, or payment is made by, the landlord…………

    (6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages.

    (7) A violation of this section constitutes irreparable harm for the purposes of injunctive relief.

    (8) The remedies provided by this section are not exclusive and do not preclude the tenant from pursuing any other remedy at law or equity that the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant who has been discriminated against under subsection (3).“

    I left out paragraphs that don't relate.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 12, 2007, 09:01 AM
    As a landlord I wish it was, it would make it a lot easier when I have renters who are not paying. ( hey if you own renter houses I bet you would agree)

    But it is not legal, you need to contact the landlord and the utilties company.

    To evict someone you have to follow specific eviction rules.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Mar 12, 2007, 09:45 AM
    Please note paragraph 6 that excon referred to. Based on that paragraph, your friend can sue the landlord and recover an amount at least equal to 3 months rental. Plus the landlord will have to pay the atty's fees. Therefore, your friend has no excuse not to go to an attorney IMMEDIATELY and sue the pants off this landlord. Even if your friend is behind in the rental. Even if he has vilolated the terms of the lease, cutting off the utlities is not a remedy available to the landlord. This stupid fool has opened himself up for serious consequences and your friend should stick it to him.

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