Following the storms on April 29 and 30, 2014, many rental properties in our area were flooded, damaging the houses and rental units. The Emergency Operations Center (EOC) and local Disaster Recovery Centers (DRC) are receiving complaints from tenants who are being asked to move from these rental units by the landlords or owners of the property.
Landlords are encouraged to seek advice from a private attorney before terminating leases to ensure it is being done legally.
The Escambia/Santa Rosa Bar Association’s Lawyer Referral Service can be reached at (850) 434-6009. Below is information about a tenant’s rights in these situations from Legal Services of North Florida, Inc. Each party is encouraged to work together to find reasonable solutions to these matters in order to avoid unnecessary litigation.
My landlord told me to move out the next day. Can he do that?
No. The landlord must give you some type of written notice to move before filing an eviction case against you in court. First, you should look at your lease for any provisions that explain what is supposed to happen when something like a natural disaster damages your home.
Generally, the right to terminate a lease in the event of a natural disaster is the tenant’s right, not the landlord’s. A landlord must follow Florida procedures for terminating a lease if he wants you to move. If you have a written lease, then it may include a specific date on which your tenancy ends. In that case, your landlord cannot terminate your lease unless your break the rules of the lease.
For lease violations, your landlord must give you proper legal notice describing the specific violation at least 7 days before terminating your lease. In some cases, he has to give you a chance to fix the violation before he can terminate your lease.
For non-payment of rent, your landlord must give you a proper legal notice telling you how much rent, and rent only, you must pay before terminating your lease. The notice must give you at least 3 business days to pay the rent or move.
If your lease does not have a specific end date, then you may be a month-to-month tenant. In these cases, your landlord can terminate for the 2 reasons stated above. He can also terminate your lease for any reason, except discrimination, by giving you a notice of termination at least 15 days prior to the end of your lease term. If you stay after the end of the 15 days, then you may be considered a hold-over tenant and responsible for double the rent for the period you stay. Your landlord can also evict you for staying past your lease. Notice requirements for subsidized apartments usually call for longer periods of time and special language within the notice in order to comply with federal law.
If you get any eviction court papers, you should contact an attorney for information on how to file your answer to the eviction lawsuit. The Escambia Santa Rosa Bar Referral Service provides referrals to private attorneys at (850) 434-6009.
He’s threatening to change the locks if I don’t move. Is that legal?
Florida law does not allow a landlord to just lock you out or turn off the utilities or to use any other “self help” means to get you to leave. The landlord must file an eviction action in court and then you only have to move out after the judge in your eviction case enters a final judgment of eviction. If the landlord does lock you out, you can call the police and you should consult a lawyer to find out about an action for damages.
Legal Services of North Florida, Inc. provides free legal assistance to eligible low-income persons in civil matters, such as housing issues (including rental and homeownership matters),consumer issues, access to government benefits, representation of victims of domestic violence, representation of children and income tax disputes (we do not provide legal assistance in criminal or traffic matters).Eligibility for assistance may be based on income and assets of all members of the household and the legal problem. LSNF also offers free educational seminars and informational brochures regarding the areas of law we practice. Contact your local office for additional information.
Escambia & Santa Rosa Counties:
1741 North Palafox Street
Pensacola, FL 32501
(850) 432-8222
