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Landlord still has my property.

Discussion in 'Eviction, Recovery of Premises' started by Mikeymike117, Feb 6, 2020.

  1. Mikeymike117

    Mikeymike117 Law Topic Starter New Member

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    Jurisdiction:
    Florida
    Okay so 2 days ago I got into an argument with my landlord because of some things he was saying well doing drugs and drinking and the same with his girlfriend. Long story short when I came home from work the next day they wouldn't let me in and said I have to come back and get my stuff when I get a ride. Basically they just told me to get walking, as I don't have a car and I am new to the area and don't know anybody.
    I spend most of my money on Uber getting to a friend's house a few hours away and I won't be able to get back for at least for 5 days. I also have mail coming to the house including some products I bought online.
    This guy is so shady that he actually went to my work and tried to get me fired. I know this sounds crazy but he literally sits around all day drinking and smoking weed but I was desperate for a place to live so I got the place on Craigslist, as a short term thing.
    My question is, what are the laws in Florida concerning you trying to keep my stuff, throw it away, Etc. These people started acting so weird after a couple days of me living there that I'm honestly worrying that my stuff won't be there or he will try to keep it when I get back.
    We had a verbal agreement for me to pay weekly and I paid for a week and only stayed about 4 days. Any help will be greatly appreciated.
     
  2. army judge

    army judge Super Moderator

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    I suggest you contact the local police of sheriff (whichever enforces the laws where you lived) and ask them to meet you at the home for a civil stand by while you remove your belongings. You won't be given more than 20-30 minutes when the police or sheriff arrive, but that will at least allow you to get your most valuable stuff.

    This is how you'll have ot go about getting the rest of the stuff.

    A Florida landlord must maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, whether such absence was voluntary or by eviction (legal or illegal), for a period of 28 days.

    During this period, the tenant can recover his property without paying rent or storage fees.

    I suggest you contact a legal aid association or group, a law school legal aid clinic, the media, or a few local lawyers to see what other rights may have been violated.

    If your stuff has disappeared, you will also be able to sue the landlord in small claims court.

    You have been illegally evicted.

    Tenants can get priority help from judges because an illegal eviction is defined under the law as “constituting irreparable harm” which means a tenant can get “injunctive relief.” (injunctive relief is where a judge specifically orders a landlord to stop acting in a harmful way) See Florida Statute 83.67.

    The good news for a tenant finding himself or herself in a similar predicament as proscribed by the Florida Wrongful Eviction Statute, is the tenant could be entitled to three (3) months’ rent and a Statutory award of attorney’s fees for having to bring such an action against a landlord acting in bad faith in contravention of Florida law.




    More good news for a victimized tenant suffering from an illegal eviction in Florida is that he or she may sue the landlord for 3 months rent for each violation committed by the landlord.

    For instance, if a landlord has both locked a tenant out and seized the tenant’s possessions without having gone through the official and lawful eviction process through the courts, the tenant may sue for 6 months rent(PLUS attorney's fee).




    This FL lawyer explains it all to you:

    Florida Wrongful Eviction Statute | Illegal Eviction in Florida

    You might mention that to a lawyer, if you speak to one or two.
     
    justblue likes this.
  3. Mikeymike117

    Mikeymike117 Law Topic Starter New Member

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    Thanks a lot. I feel a bit better now. Although I'm still worried about him damaging and/or stealing some of my property as he is obviously a rather unsavory person. Then comes the question about my mail, w2s, and online purchases that has or will be showing up this week. I mean, I'm guessing all he has to do is say that it never showed up.
     
  4. Zigner

    Zigner Well-Known Member

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    Put in a change of address at the post office.
     
  5. Mikeymike117

    Mikeymike117 Law Topic Starter New Member

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    Okay so does the fact that we only had a verbal contract or agreement for weekly rent negate everything about the laws involved?
     
  6. zddoodah

    zddoodah Well-Known Member

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