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belongings taken out of apt while rent was paid in full

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betty2boop

Junior Member
What is the name of your state? florida
rent was paid in full , went out of town for 1 week came back all things taken out of apt i still had keys was not moving till end of nov , maintance guy took out all things and gave it to himself and other resident , i called sherrif made maintance guy move all stuff back to my apt , he said manager told him to move it , they admitted to sherrif they where wrong, got most of my stuff back but things are thrown in the garbage as well such as personal videos of my son growing up years , can never be replaced , printer shoes and god knows what else was thrown away, i told them my rent is paid in full i did not give in my keys till end of month, they opologise , but damage is done they broke the law , they never contacted me by phone or any other way to ask they assumed i had left , i had the moving guys to move my furniture that was in storage they knew that, i told maintance guy i will be out of town 1 week till 25th be back to get the rest of my stuff , as my rent paid till end of nov but him and maintance guy took it upon themselves to have a field day with my thinga i am going to a lawyer next week i have a cop report , my statue they took was returned also chipped , and damaged but my videos will never be fixed they are gone for good some advice on this i am sick over this
 


BL

Senior Member
What is the name of your state? florida
rent was paid in full , went out of town for 1 week came back all things taken out of apt i still had keys was not moving till end of nov , maintance guy took out all things and gave it to himself and other resident , i called sherrif made maintance guy move all stuff back to my apt , he said manager told him to move it , they admitted to sherrif they where wrong, got most of my stuff back but things are thrown in the garbage as well such as personal videos of my son growing up years , can never be replaced , printer shoes and god knows what else was thrown away, i told them my rent is paid in full i did not give in my keys till end of month, they opologise , but damage is done they broke the law , they never contacted me by phone or any other way to ask they assumed i had left , i had the moving guys to move my furniture that was in storage they knew that, i told maintance guy i will be out of town 1 week till 25th be back to get the rest of my stuff , as my rent paid till end of nov but him and maintance guy took it upon themselves to have a field day with my thinga i am going to a lawyer next week i have a cop report , my statue they took was returned also chipped , and damaged but my videos will never be fixed they are gone for good some advice on this i am sick over this
You had to call the cops to let you back in and to be able to retrieve most of your belongings .

Sue the the Landlord , naming the LL and maintenance personnel.

Ask for any and all damages you're entitled to , plus your other property damage estimated value .

C PROHIBITED PRACTICES. § 83.67

1. Constructive Eviction. The landlord may not cause directly or indirectly the

a. Interruption of any utility service furnished the tenant. Includes: utilities under the control of or paid by landlord or provided for in the lease. Examples include; heat, gas, water, electricity, garbage collection, and refrigeration. Fla. Stat. § 83.67(1). [But see Badaraco v. Suncoast Towers v. Associates, 676 So. 2d 502 (Fla. 3d DCA 1996) which held that tenant could not recover statutory damages where temporary interruption of water and elevator services was due to landlord’s general repairs and renovations and were not intended as a self help eviction].

b. Change locks or use any bootlock or similar device.

c. Remove outside doors, locks roof, walls, or windows except for maintenance, repair etc.

d. Remove personal property except after surrender, abandonment or a lawful eviction.

e. Examples of constructive eviction:

i. Apartment is uninhabitable due to water damage from unrepaired roof. Ralston Inc. v. Miller, 357 So. 2d 1066 (Fla. 3d DCA 1978);

LL threatened eviction causing tenant to vacate. Caso v. Nelson, Inc., 419 So. 2d 668 (Fla. 4th DCA 1982).

Peeping Tom landlord John Kaminski Jr. v. Dynelle Gibson Case 05-CC-02240LT 13th Judicial Hillsboro County, FL [13 Fla L. weekly Supp. 105]

2. Landlord may not discriminate against a service member 83.67(3)

3. Landlord shall not prohibit a tenant from displaying a U.S. Flag not larger than 4.5’x6’

4. Remedy:

(a) LL liable for actual and consequential damages or 3 months rent, whichever is greater, and costs, including attorney fees.

(b) Subsequent or repeated violations, which are not contemporaneous with the initial violation, shall be subject to separate awards of damages.

© Punitive damages for self help may be possible if T can show self help was done with fraud, actual malice, or deliberate violence or oppression, or when LL acts willfully or with such gross negligence as to indicate a wanton disregard of rights of others.
 
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