Anti-Eviction Act

Some states, such as New Jersey, have an anti-eviction act to protect tenants who might otherwise face unjust foreclosures. While Florida does not have an act specifically referred to this way, it does have legal protections for tenants who are concerned about unlawful evictions.

The legal team at Flaxman Law Group hears from concerned renters looking for a Hollywood anti-eviction act or ways to safeguard their households. The good news is that there are laws in place to protect tenants and you can always contact Flaxman Law Group to speak to a Hollywood anti-eviction act attorney.

Hollywood Statutes To Know in Case of a Landlord/Tenant Dispute in Hollywood

Fla. Stat. Ann. § 83.56 governs evictions in Florida. Under Florida statutes, landlords who are evicting a tenant must give the renter notice that they need to move out by a specific date and must file an eviction notice if the renters have not moved out by that date. To evict a tenant, they must win an eviction case and post a Writ of Possession on the rental home. The landlord cannot change the locks or cut off power in this case. Instead, they must call a Sherriff to evict the tenant.

The exception to this is if a renter has moved out voluntarily or has been gone for half the time of the rental period (so two weeks in a monthly lease) without paying rent or offering notice.

There are also specific remedies for landlords in cases where a renter violates the terms of the lease of Florida tenant/landlord statutes. For example, in cases where a tenant does not pay rent, the landlord must give three days’ notice to either leave or pay the rent. If the terms of the lease have been violated, the landlord must give the renter seven days’ notice.

In some situations, Florida has passed eviction relief measures or actions similar to a Florida anti-eviction act to protect renters in unusual situations. For example, during the pandemic of 2020 and 2021, courts stopped hearing eviction cases and some tenants who could not pay rent could not be evicted under rules established by the Centers for Disease Control. If there is a natural disaster or another disaster in your area, it is worthwhile to see if there is any temporary eviction relief along these lines.

What To Do in the Absence of a Hollywood Anti-Eviction Act

Even though Florida does not have an official anti-eviction act like other states, there are steps you can take if you feel you are being wrongfully evicted. First, you will want to review your lease and keep copies of any notices or correspondence you get from your landlord.

It is also important to keep in mind that unless your landlord has a court order, they cannot evict you and remove you under Florida law. Do not abandon or leave the property voluntarily if there is no court order and you have decided to fight the eviction. If the landlord threatens you or makes your home unsafe by removing the doors or locks, you can contact the police.

If your landlord files an eviction case against you, contact a Hollywood anti-eviction act attorney immediately. An attorney can advise you of your rights and fight the eviction if it is illegal. You can contact Flaxman Law Group at 1-866-352-9626 (1-866-FLAXMAN) to speak to a Hollywood anti-eviction act attorney at no charge.

Landlord-Tenant Dispute Clients Often Ask Us
These Important Questions

When can a landlord keep my deposit?

A landlord can typically keep all or part of your security deposit to cover unpaid rent, damage beyond normal wear and tear, or other lease violations. However, they must provide an itemized list of deductions and return any remaining amount within a specific timeframe, as required by local laws.

Can I be evicted without notice?

Landlords must always provide notice and cannot evict without going through proper court process, unless the lease or local laws specify otherwise. For example, in cases of criminal activity or immediate danger to the property, the landlord may proceed with an expedited eviction. Always check your lease and local tenant laws for specific requirements.

What can I do if my landlord does not make needed repairs?

If your landlord fails to address necessary repairs after you've notified them in writing, you may have options such as:

Withholding rent (where allowed by law).
Making the repair yourself and deducting the cost from your rent. Reporting the issue to local housing authorities.
Seeking legal remedies in court. Document all communication and the condition of the property to strengthen your case.

How long does the eviction process take?

The length of the eviction process varies depending on local laws and the circumstances of the case. It can take anywhere from a few weeks to several months. Generally, the process involves:

  • A formal notice period.
  • Filing of an eviction lawsuit.
  • A court hearing.
  • Enforcement of the eviction by local authorities, if necessary.
  • Tenants may appeal or request delays, which can extend the timeline.

Landlord-Tenant Practice Areas

Broad Experience in Landlord-Tenant Disputes

Skillfully navigated complex landlord-tenant conflicts, advocating for fair resolutions and protecting clients’ rights in rental and lease agreements.

Protecting Tenant Rights:

Helped hundreds of tenants recover withheld security deposits, terminate leases, transfer units, or obtain alternative housing in cases involving habitability issues.

Preventing Wrongful Evictions:

Represented tenants to successfully block unlawful eviction attempts, ensuring their housing rights were upheld.

Advocating for Landlords:

Assisted landlords in evicting problematic tenants and recovering compensation for property damages, lost income, and other related losses.