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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111466
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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IN FLORIDA, Palm Beach County, can a COMMERCIAL landlord of

Resolved Question:

IN FLORIDA, Palm Beach County, can a COMMERCIAL landlord of an office building lock out a non-paying tenant without going to court first? If not, please point us to the appropriate section of Florida statutes if there is one.
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under Fl Statute 83.05 the only reasons a landlord can take possession of the property are 1) with a legal court order after an action for possession, 2) when the tenant has surrendered the premises to the landlord, or 3) when the tenant has abandoned the premises. This means they cannot lock out a tenant. If a landlord locks out a tenant without a court order or one of the other reasons in the statute, they could be subjected to some heavy damages from the court including all losses the tenant suffered in the lockout. See: Rost v. Bowling, 861 So.2d 1246 (2nd DCA).



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