Evictions are a terrifying reality for anyone, especially in times of financial hardship. While there are laws surrounding evictions, many landlords have ignored these legal proceedings to get rid of tenants for profit. If you have been faced with a sudden eviction, here is how you can tell if your eviction was lawful.
Just Cause And Evictions
The first thing that must be determined with any eviction process is if the landlord had just cause the eviction. Just cause refers to a legally sound reason for evicting a tenant, such as failing to pay rent or breaking lease agreements by sub-letting the house without notifying the landlord.
If a landlord evicts a tenant without cause, the tenant has been evicted illegally. There needs to be proof and ample evidence that the tenant was in breach of contract before any eviction can take place.
When it comes to evictions for failing to pay rent, the tenant in the state of Florida is given a three-day notice to pay the rent. Three business days is a standard legal notice for all tenants that are late on payments.
For another breach of contract in the lease agreement, landlords must give a seven-day notice to tenants to either remedy the situation or alert them that their contract has been terminated. Without proper notice, tenants can fight back against evictions.
An unfortunately common practice amongst some landlords is a self-help eviction in which the landlord locks out the tenant without seeking property authorities. Typically landlords performing self-help evictions will start by shutting off utilities or even changing the locks without alerting the tenants.
Damaging property belonging to the tenant is also not uncommon, such as moving personal items from the rental unit without permission, in an attempt to vacate the premise.
Even harassing tenants by making numerous calls or following them to discuss rental issues is a tactic used to scare off tenants. Self-help evictions are bullying tactics that are not legal and carry severe consequences that no landlord is protected from, no matter their status.
If you have been evicted but have proof that your landlord did not respond to requests for maintenance or even ignore your requests for access to amenities, your landlord is in trouble. by ignoring requests for repairs, your landlord is ignoring their legal responsibility to keep properties safe, and thereby can be found guilty of self-help evictions.
Approaching A Case
When dealing with eviction cases they are tricky, no matter how clear-cut it may seem. Eviction cases are always nuanced affairs that can take a while to process. When it comes to illegal evictions, make sure to document all unlawful actions taken against you, as you need to prove your eviction was not conducted fairly.
While most landlords will back down in fear of dealing with legal fees, if you take a landlord to court, thoroughly documented evidence will be your silver bullet.
RAK Law Firm, PLLC is here to help with your eviction case with a free consultation when you call (813) 750-0513