• X
  • Home
  • Attorneys
    • Maxxwell Hamilton
    • Jonathan Klurfeld
  • Reviews
  • Practice Areas
    • Real Estate
    • HOA/Condominium
    • Debt Collection
    • Criminal Defense
    • Car Accidents
    • Premises Liability
    • Lawsuits/Litigation
    • Insurance Claims
    • Foreclosure Defense
    • Business/Small Business
    • Contracts
    • Small Claims
    • Demand Letters
  • News
  • Guides
    • Foreclosure Process
    • Foreclosure FAQ/Definitions
    • Short Sale
    • Deed In Lieu
    • Foreclosure Tax Consequences
    • Car Accident To-Dos
    • Car Accident Laws and Insurance
    • Slip and Fall Guide
  • FAQ/Billing
  • Contact Us
  • info@HKLegalGroup.com

  • Boca Raton Office:

  • 754-900-1529

HK Legal Group
  • Home
  • Attorneys
    • Maxxwell Hamilton
    • Jonathan Klurfeld
  • Reviews
  • Practice Areas
    • Real Estate
    • HOA/Condominium
    • Debt Collection
    • Criminal Defense
    • Car Accidents
    • Premises Liability
    • Lawsuits/Litigation
    • Insurance Claims
    • Foreclosure Defense
    • Business/Small Business
    • Contracts
    • Small Claims
    • Demand Letters
  • News
  • Guides
    • Foreclosure Process
    • Foreclosure FAQ/Definitions
    • Short Sale
    • Deed In Lieu
    • Foreclosure Tax Consequences
    • Car Accident To-Dos
    • Car Accident Laws and Insurance
    • Slip and Fall Guide
  • FAQ/Billing
  • Contact Us

Landlord Who Towed Vehicles Not Liable

  • Home
  • /Landlord/Tenant/Eviction
  • /Landlord Who Towed Vehicles Not Liable

Landlord  towed  two cars and a SeaDoo belonging to the tenant from the leased premises.  At trial the court found that this violated 83.67 “Prohibited practices.”   The landlord appealed, arguing that the  language in the statute states “dwelling unit”, which is different from “premises,” and thus, no violation under the statute could have occurred.

Section 83.67, Florida Statutes, states, in relevant part, that

(5) A landlord of any dwelling unit governed by this part shall not remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement; and the landlord shall not remove the tenant’s personal property from the dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction.

The appellate court found that as the Tenant’s property was not located inside the dwelling unit,  but outside,  the landlord did not violate 83.67 by removing it.

CHUNG v.  HURLEY,. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE12-019203 (AP). L.T. Case No. CONO11-014015. October 24, 2014.. 22 Fla. L. Weekly Supp. 533d

  • 05 May 2015
  • Landlord/Tenant/Eviction
  •  0 Comments
  •  Like
  • landlord
Related Posts
  • Landlord/Tenant Series: My Landlord Issued A Notice of Non-Renewal of Lease/Wants Me To Sign a Lease/Wants to Raise My Rent?
  • Landlord/Tenant Series: What Do I Do If My Landlord Isn’t Making Repairs?
  • Co-mingling Security Deposit by Landlord Carries No Legal Penalties
  • Case Dismissal Overturned When No Opportunity Given to Landlord to Cure Defect
Surrender of Property in chap 7 Bankruptcy May Preclude Defending the Foreclosure Case. →← Debtors Cannot Strip Liens Off Of Underwater Houses in Chapter 7 Bankruptcy
0
Comments

    Leave a Reply Cancel reply

    Your email address will not be published. Required fields are marked *

    • FREE Case Evaluation


    • Archives

    • Recent tags

      718 attorney's fees bartram boca raton foreclosure defense borrower condo condo fees condominium contract court default default date defense delray beach condominium HOA delray beach foreclosure defense Eviction Florida florida foreclosure statute florida statutes Florida Supreme Court foreclosure foreclosure defense foreclosure judgment foreclosure procedures foreclosure statute of limitations fort lauderdale condominium HOA fort lauderdale foreclosure defense HOA HOA fees homeowners landlord lis pendens loan loan modification Mortgage mortgage foreclosure palm beach condominium HOA palm beach foreclosure defense pre-foreclosure protecting tenants rent repeat foreclosures sale date standing stats
    • Accessibility Statement