Know Your Rights: Renter's Rights (VIDEO)

Hello, my name is John Lawless, staff attorney with Bay Area Legal Services’ Disaster Relief Team and the Florida Disaster Legal Aid Helpline. I’m here with my colleague Jason to discuss some simple steps anyone can take to avoid common issues while recovering from disaster.

Today, we’re here to talk about renters and their rights. We’re going to focus on disaster survivors, but many of these points apply to renters of all sorts.

Our discussion will be about renters in Florida, so if you are watching this from elsewhere please remember that these rules can change significantly from state to state.

Out discussion will also be focusing on the rules contained in Florida’s landlord tenant statute. If you have a written lease, your lease may change some of these rules. Always consult your lease if you have questions about your rights and responsibilities, and if you have questions please reach out to your local legal aid organization for help.

Disaster survivors will often assume that special rules will apply to their lease when a disaster strikes. In other places, this may actually be the case. In Florida however, unless your lease says otherwise or some special action is taken by the government, the laws remain the same as they always were. This means that rent is still due on time and evictions can proceed as normal.

This also means that your landlord’s responsibilities remain the same. Landlords have no special right to terminate your lease just because of a disaster, and they are still responsible for the same repairs that they normally are. Florida never allows for landlords to do “Self-help” evictions, and all legal tenant removals require court orders.

If a rental property is damaged in a way that negatively affects a renter’s ability to live there, that renter does have the option to withhold rent or terminate the lease. In order to do so however, the renter has to give a specific notice to the landlord which states the particular reason or reasons for withholding and giving the landlord 7 days to substantially comply. If the renter simply withholds rent without that notice, the landlord can evict even if the property is substantially damaged. Notice requirements can be found at 83.56 and 83.60, Florida Statutes, though a renter considering this course of action should consult with their local legal aid organization first to ensure it is done properly.

Renters occupying mobile homes may also be subject to different rules. If a renter is renting the mobile home itself, the renter is a regular tenant and the same rules apply. If the renter is only renting the lot and owns the mobile home however, different rules often apply such as the Florida Mobile Home Act.

If you are given any notices from your landlord regarding your rent or your occupancy, it is best to act as soon as possible. Don’t wait to ask for help. Several pre-eviciton notices do not even have to be given directly to the tenant. Posting them on the door is often sufficient, so pay close attention to these. Evictions and other legal processes can move very quickly for tenants, and sitting on a notice can cost valuable opportunities to prevent or defend against legal action. Too often we see tenants come to us for help with a writ of possession in hand, and by then it might be too late for us to help.

Now, let’s get a look at how an eviction process may go. Jason, you’ve been renting some space for a while now, haven’t you?

Uh-oh. It looks like Jason is behind on his rent. Maybe he’s having some financial trouble, or maybe he just wasn’t able to drop it off after a storm. Either way, it didn’t make it in. Jason, why don’t you check the back of your chair?

Jason’s landlord posted a 3 day notice at the property. As long as the notice is proper, this gives Jason 3 days to pay the rent owed or leave the property. Let’s take a closer look.

This notice is the first necessary step for eviction of nonpayment of rent. It will tell you to either pay the rent due within 3 days, or leave the property. If you do not comply, the landlord can proceed directly to filing an eviction. If you receive a notice like this, contact your local legal aid organization promptly.

Let’s see how Jason handles the situation. To move things along, we’ve asked our friend The Chronomancer to help out.

Thanks for being with us today. Chronomancer, would you please advance time by three days?

Thanks Chronomancer. Now that three days, excluding Saturdays, Sundays and legal holidays have passed, let’s check in with Jason. Jason, did you comply with the three day notice?

It looks like Jason hasn’t done anything.

It looks like Jason’s landlord has filed an eviction. Jason was just served with a summons. Let’s take a look.

The summons will include the name of the person filing the lawsuit, the name of the person being sued, and the time the person being sued has to respond. The summons will also have a copy of the complaint attached. The complaint is the actual lawsuit, and contains the allegations that the tenant should be responding to.

Evictions in Florida use summary procedure, meaning the tenant has only five days, excluding Saturdays, Sundays and legal holidays, to respond. Also, if the eviction is for non-payment of rent, the tenant must either deposit the amount owed with the court or file a motion to determine rent to avoid a default.

If Jason has not already, he should really think about contacting his local legal aid organization. He should also be prepared to respond and, if necessary, deposit all of the rent alleged in the complaint or file a motion to determine rent. Let’s see how he handles this. Chronomancer, please advance time by 5 days.

Great job, Chronomancer. Jason, what did you do to respond to the summons and complaint?

It looks like Jason still hasn’t done anything. Now, his landlord can ask for a default. Even if he had filed an answer but not deposited the rent or filed a motion to determine rent, the landlord could still have asked for a default using a slightly different procedure. Either way, the result is the same. As soon as a default is entered, the court can enter a final judgment and order a writ of possession to be issued without any more notice.

Much like a 3 day notice, a writ of possession does not have to be handed to the tenant. It can be posted somewhere conspicuous, usually the front door. As soon as it is posted, the sheriff can return in 24 hours to execute the writ – meaning removing the tenant from the property.

There’s the writ. The sheriff will be back soon to remove Jason. Chronomancer, would you please advance time by 24 hours?

It is now 24 hours since the writ of possession has been posted. Jason, have you gathered your things?

Looks like the sheriff is here. Goodbye, Jason.

Failure to respond to notices, or to give the proper notices, can result in swift action in the courts. That is why it is so important to pay attention to notices received, and to seek help at the beginning of the process rather than the end. Even if you have done everything right, a landlord may still try to evict you. Your local legal aid can help, but only if you give them time.

Now, if you and your family keep these tips in mind, you’ll be a lot more resilient in the aftermath of disaster, and a lot less like Jason.

We appreciate you taking the time to listen. For more information on what to do in the wake of a disaster, please visit the following resources.