How to Challenge an Illegal Eviction in Florida

If you’re a renter in Florida, understanding how to respond to an illegal eviction is vital for protecting your home. Florida law sets strict procedures for how landlords must go about evictions, and if these rules are broken, you have the right to defend yourself. Acting quickly and using the correct official channels can help you prevent loss of your housing and seek justice.

What Counts as an Illegal Eviction in Florida?

In Florida, an eviction is considered illegal if your landlord attempts to remove you without following formal legal procedures. Common examples include:

• Locking you out or changing the locks without a court order
• Shutting off your utilities to force you out
• Removing your belongings from the property
• Evicting you without proper written notice or without filing with the court

Landlords must follow the steps laid out in Florida Statutes Chapter 83, Part II – Residential Tenancies.^[1]

How the Formal Eviction Process Should Work

Here’s what landlords are required to do by law:

• Provide you with a written notice (for example, a three-day notice for nonpayment of rent)
• If you do not comply or vacate, file a formal eviction lawsuit with the county court
• Wait for the court to decide, and only then—if the landlord wins—request the sheriff to enforce the eviction

Any action outside these steps, including "self-help" eviction tactics like turning off water or changing locks, is unlawful.

What To Do If You’re Facing an Illegal Eviction

If your landlord is taking action outside the legal process, here’s how you can fight back and protect your rights in Florida:

1. Document What’s Happening

• Take photos or videos of any damage, changed locks, notices, or attempts to remove your belongings.
• Keep a detailed written record of all incidents and communications with your landlord.

2. Contact Local Law Enforcement

If you are wrongfully locked out or your utilities are shut off, call your local police or sheriff’s office. Landlords in Florida cannot evict you without a court order; law enforcement can help ensure your rights are respected.

3. File a Complaint in County Court

You have a right to take your landlord to court if they perform an unlawful eviction. This is done through your local county court in Florida, which handles residential tenancy disputes. The official body is the Florida State Courts System.^[2]

• Form Used: Complaint for Wrongful Eviction (Form 8.2)
• This form lets you formally complain that your landlord illegally removed you from your rental. Use it if you have been locked out without a court eviction or believe your eviction violated the law.

Instructions for filing are often available on your local county court’s website. Generally, you’ll need to submit the form in person at the county courthouse, along with supporting evidence.

4. Seek Damages and Relief

If the court finds your landlord acted unlawfully, you might be able to get back possession of your home and potentially receive damages (money) for any losses you suffered.^[1]

Relevant Florida Tenant Laws and Regulations

• Florida Statutes Chapter 83, Part II – Residential Tenancies: sets out the rights and responsibilities of renters and landlords, including the eviction process.

Action Steps to Fight an Illegal Eviction in Florida

Quick summary: Keep records, contact law enforcement, file an official complaint, and know your rights under state law. Legal processes protect you, so use them to your advantage.

1. Document all evidence of the landlord’s illegal actions.
2. Stay calm and do not react with threats or violence.
3. Notify police or sheriff immediately if you are locked out or utilities are cut.
4. File a Complaint for Wrongful Eviction with your local county court.
5. Gather witnesses, receipts, photos, and written communications to support your case.
6. Attend all court hearings and follow the judge’s instructions.

Frequently Asked Questions

1. Is my landlord allowed to change the locks or turn off utilities to make me leave?
   No. In Florida, your landlord must follow court procedures to evict you. Changing the locks or shutting off utilities to force you out is illegal.
2. What should I do if I am locked out by my landlord without a court order?
   Call local law enforcement and report the illegal eviction. Document the incident and consider filing a complaint with your county court.
3. How do I file a complaint for illegal eviction in Florida?
   Complete the Complaint for Wrongful Eviction (Form 8.2) and submit it to your county courthouse with your evidence.
4. What relief can I get if I win my case?
   If the court rules in your favor, you might be restored to your home and may also be awarded damages for losses due to the illegal eviction.
5. Where can I learn more about Florida’s tenant protections?
   Visit the Florida Department of Business and Professional Regulation Landlord/Tenant Page for official information and resources.

Conclusion: Key Takeaways

• Landlords must use official court processes for eviction—"self-help" evictions are illegal in Florida.
• If you’re facing an illegal eviction, gather evidence, notify law enforcement, and file a formal complaint.
• Use trusted, official forms and state resources to defend your rights.

Need Help? Resources for Renters

• Florida State Courts System – Find your county court and learn about eviction cases
• Florida Department of Business and Professional Regulation Landlord/Tenant Info
• The Florida Bar – Consumer Information: Renters’ Rights
• For free or low-cost legal help: Contact your local legal aid office; find options at FloridaLawHelp.org

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1. [1] Florida Residential Landlord and Tenant Act (Chapter 83, Part II)
2. [2] Florida State Courts System – Eviction Information

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