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

Answers:

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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