In Florida, many landlord/tenant agreements include wording that is there to allow ‘self-help’ practices. Most commonly, these are evictions due to non-payment, which the landlord can complete without ever involving the courts. While this type of wording is found in many contracts for both residential and commercial agreements, it is never actually in the best interest of the landlord to engage in this type of practice.
There are so many restrictions on the self-help requirements, and the courts so often look negatively on this practice, that it backfires on the landlords in most situations. The following are some of the most significant reasons why a landlord should never resort to self-help practices:
Can Delay an Eviction
Many landlords take steps like turning off utilities or changing locks as part of their self-help process. If the tenant files a complaint against you for this practice, and the courts determine that you didn’t have the right to do this, it can significantly delay the eviction process. Many tenants are very familiar with how to manipulate the system to stay in a property for extended periods of time without paying, so never take any actions like this, which could cause significant delays.
Exposes You to Risk of Countersuit
If your tenant feels intimidated or harassed because of actions you have taken, you are exposed to a countersuit. Depending on the actions you take, and the sympathies of the judge in your case, it could cost you a significant amount of money. At the very least, it can make it so you have no choice but to waste time and money just to work your way through the countersuit.
Can Give You a Bad Reputation
Most people looking to rent residential or commercial space really don’t understand what self-help practices are, and that they can in some cases be legal. Tenants often write reviews on popular websites about their experiences with landlords. If they write that you forced them out of their home without even going through the courts, it can make future tenants look to another property.
You Could Face Jail Time
Believe it or not, there have been landlords who have actually had to go to jail because of their actions. Even if you are very confident that you are justified in taking these types of actions, the courts rarely see it this way. If they feel you’ve taken things too far, you could end up spending several days or even weeks in jail!
Getting Legal Help is Very Affordable
Last, but certainly not least, is the fact that it is so affordable to have an attorney help you with any evictions that are necessary. Contact Atlas Law to get an estimate on the costs associated with an eviction based on your unique situation. We advocate for landlords in Florida, and would be honored to fight for your rights.