Landlord changing lock

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asking4sam

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My daughter-in-law needs advice, so I'm trying to help:

I live in a condo assoc. Late 1 month in paying rent because I lost my job. They tricked me by saying I could break the lease and making me sign a paper saying I was going to move by the first of the month, while at the same time posting an eviction summons on the door a day later. Condo office changed the lock on my door and locked me and my 19 month old baby out Saturday night. It was raining and I had nowhere to go and had to sleep with her in the car cuz I didn't have money for a hotel. The next day, I called the policeman and he came with me to the condo. He made them open the door; told them what they were doing was illegal; asked for a copy of the new key; they wouldn't budge and said they didn't have it. The cop said, change the lock and I had to pay for a new lock. The girl at the office laughed and said she was gonna change the key again. I'm scared they're gonna lock me out in the rain again. The cop says they're always doing that to tenants because he's been called there a lot. I feel they should be sued. First they lock me and my baby out, then they went in my property and change the locks, then the lady was rude to the cop. Can someone please tell me if I have grounds to sue them? I was served a summons last Thursday giving me 30 days to move out, and this happened on Saturday night. Thanks.

Update: They changed the lock this evening for the second time. My baby and I are locked out again. Can't anybody help! Please.
 
I am no lawyer, but I am a renter and as far as I know they have to evict you and give you a 30 day notice before they can actually change the locks. Unless it is over that 30 day notice then I don't see why you can't file a lawsuit against them. Do you have a copy of your lease? There may be some information in there about evictions. Have you called a lawyer?
 
The policeman told her that when the sherrif posts the notice on her door, she has 36-48 hours to get out. That has not occurred. He also told her she has grounds to sue because what they are doing is illegal. That the law is on her side.

However, in Miami, I cannot locate an attorney that represents tenants. I'm only able to find the ones that represent Landlords.
 
Florida landlord/tenant laws... Check out the prohibited practices

http://www.flsenate.gov/statutes/in..._Statute&Search_String=&URL=Ch0083/PART02.HTM

Your landlord cannot lock you out without a formal, court ordered eviction. From your description it appears you have been provided a 30 day "Notice to Quit" but this is likely from the landlord not the court (courts just don't work that quickly).

Most cases like these get seen in Small Claims Court (because the monetary damages are under a certain amount). In Small Claims one does not need an attorney (although you can certainly bring one if you wish).

The information above is from a Consumer helpsite for tenants in Florida. You might want to contact them in regards to your legal recourse for this illegal lockout.

Gail
 
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