Can my landlord legally go in and remove property from my house without giving me an eviction notice?

Asked on September 3, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, the landlord may NOT do this. Landlords may only evict through the courts: that is, by filing an eviction action, for good cause (e.g. nonpayment; violations of the lease; after 30 days notice if a month-to-month rental) and getting a judgment in their favor, which judgment is then carried out by court officers (e.g. constables or sheriff's deputies). To evict a tenant otherwise, or to remove property from the tenant's home, is an illegal eviction and/or theft. You should speak with an attorney: from what you write, you should have a cause of action against your landlord.

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