Last time, we looked at a landlord who allegedly took a bulldozer to a mobile home over a dispute with the tenant.
Obviously, that’s not a real good idea.
But sometimes landlords will try to use other methods to get tenants out.
Sometimes landlords will do things such as cutting off the power to the tenant, change the locks, or engage in a do-it-yourself eviction and move the tenants stuff out without bringing a court eviction.
All of this is a really bad idea.
Florida Statute 83.67 prohibits residential landlords from turning off the power, water, gas, or sewer, even if the bill for the utility is in the landlords name. Florida law also prohibits landlords from ‘moving the tenant out’ without their permission, or changing the locks so the tenant can’t get in. The law is here:
And if the landlord does any of these things, the landlord is liable to the tenant for minimum damages of three months rent plus attorney fees and costs, including filing fees. This can get real expensive for a landlord, real quickly.
Florida expects landlords to use the court system to evict tenants; Do It Yourself self help evictions are frowned upon.
If you are tenant whose landlord has cut off utility service, call a lawyer. From a lawyers perspective, these are very good cases; the law is relatively clear, it provides for significant per se damages and provides for attorney fees.
If, on the other hand, you are a landlord, the best thing to do is to try to avoid the situation in the first place. Unless this is a short term vacation rental like you might see in The Villages or Daytona Beach, make sure that the tenant puts the utilities (electric, garbage, and gas, even if it’s delivered propane) in their name at the time of the lease. Sometimes tenants will have a problem coming up with the utility deposit(s); that is their problem, don’t make it yours by keeping the utilities in your name. If they can’t pay the rent, odds are they sure aren’t going to be paying you for the utilities; if they can’t pay the rent, at least you are only out the rent; you’re not out the rent plus have to continue to pay the utility bills.
