Possession refers to the physical control and legal right of a tenant to occupy a property, or a landlord's right to re-enter a property after a lease terminates. In Florida, once a lease is signed and the date arrives, the landlord must deliver physical possession of the premises to the tenant in a clean and habitable condition. If a previous tenant holds over, the landlord has a legal obligation to regain possession before the new tenant arrives.
How It Applies to Florida Landlords
Under Florida Statutes Chapter 83, landlords must strictly follow legal procedures to regain possession after a lease violation or expiration. You cannot engage in 'self-help' measures like changing locks, removing doors, or cutting utilities to force a tenant out. You must pursue a formal eviction process through the court system to obtain a Writ of Possession, which is then executed by the Sheriff. Attempting to regain possession through intimidation or unauthorized physical measures can result in severe statutory damages and liability for the landlord.
Key Takeaways
- Possession is the legal right to occupy a space.
- Self-help evictions are illegal and strictly prohibited in Florida.
- Always obtain a court-ordered Writ of Possession before re-entering property after an eviction.
- Document the delivery of possession upon move-in to protect against disputes.