Can a landlord puts a clause in a lease stating they can change the locks and remove your things without the courts?

UPDATED: May 23, 2012

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Can a landlord puts a clause in a lease stating they can change the locks and remove your things without the courts?

Asked on May 23, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Such a clause would almost certainly be unenforceable in the case of residential tenants--that is, people renting a home or apartment in which to live. Residential tenants cannot be evicted except by court action (i.e. by the landlord bringing and prevailing in an eviction action and getting a judgment of possession).

However, less protection is afforded commericial (that is, business) tenants, like stores and offices; such a clause would probably be enforceable against them.


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