Can I Change My Tenant’s Locks if They Did Not Pay Rent?
As inflation around the country continues to make things more expensive for consumers, and as interest rates remain relatively high, more and more tenants are finding it difficult to pay their rent. Even the most sympathetic landlords can become frustrated by this, as many heavily rely on that rental income to support themselves and their families. That frustration may tempt you to take drastic measures against a non-paying tenant, such as changing the locks or turning off utilities in the rental unit.
Taking things into your hands may only hurt you further, though. Below, our Tampa evictions lawyer outlines the steps you should take, and why you should refrain from taking illegal action.
Notice to Vacate the Premises
Florida law dictates that you must provide your tenants with notice to vacate the premises before you can carry out any eviction. You can present your tenants with one of the following four different types of notices:
- A three-day notice,
- A seven-day notice, with the opportunity to remedy the situation,
- A seven-day notice, without the opportunity to remedy the situation, or
- A fifteen-day notice.
The type of notice you choose to use will depend on the specific reason you are seeking eviction. When tenants have fallen behind on their rent, most landlords can use the three-day notice.
No Self Help
If your tenant has not left the property after the proper notice time has expired, you must file a complaint with the County Clerk’s Office to evict the tenant.
This is the only way to legally evict a tenant. Under no circumstances should you change your tenant’s locks, shut their utilities off, or remove their belongings from the property. If you take matters into your own hands and act illegally you can subject yourself, as landlord, to liability to the tenant despite the tenant’s non-payment.
What Happens if You Violate the Law?
If you violate the eviction law, your tenant has the right to file a lawsuit or counterclaim against you. Before evicting a tenant, it is critical to speak to a lawyer who can ensure you are in compliance with the law.
Our Evictions Lawyer in Tampa Can Help You Through the Process
At Messina Law Group, P.A., our Tampa evictions lawyer can advise you of the law and guide you through the process so you obtain the best outcome possible. Call us now at (813) 492-7798 or chat with us online to schedule a consultation with our experienced attorney and to get the legal help you need.
Source:
flsenate.gov/Laws/Statutes/2021/Chapter83/All
