A self-help eviction occurs when a landlord takes actions to remove a tenant without obtaining a court order for possession. This includes changing the locks, shutting off utilities, removing the tenant’s belongings, or blocking access to the property. These actions are strictly prohibited in the vast majority of jurisdictions.
How It Applies to Florida Landlords
In Florida, self-help evictions are explicitly prohibited under Florida Statute 83.67. If a landlord engages in these practices, they can be held liable for actual damages and even statutory penalties, which may include up to three months' rent or the actual damages sustained by the tenant, whichever is greater, plus attorney's fees. The only legal path to remove a tenant in Florida is to follow the formal eviction process, which involves serving a notice (e.g., a Three-Day Notice), filing a complaint with the county clerk, and obtaining a Writ of Possession from the court.
Key Takeaways
- Never change locks or shut off utilities to force a tenant to leave.
- Always follow the formal judicial eviction process to avoid heavy legal penalties.
- Do not attempt to remove personal property from the unit without a court order.
- Consult an attorney before initiating any eviction proceedings.