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What are my options can I file a sue?

Miami, FL |

for I was evicted from my duplex this Friday with no 24 hr. notice, the locks were changed when i tried to get back I couldn't go inside. my kids and I were left with no home, the good thing is that I started moving the same day earlier but I did lose lots of furniture and personal items. I tried to go the next day and my stuff was in the garbage I wants to know if there is anything I can do Can I sue them? I'm really upset about losing all my furniture, kids clothes, and personal items

Attorney Answers 3

Posted

Small claims court for property damages

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Posted

You might be able to bring a lawsuit against your landlord for wrongful eviction. Florida law expressly prohibits self-help evictions (locking you out without proper notice and without your landlord having availed himself to the court process). Florida Statute 83.67 (6) contains the following: "A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages."

Consult a local landlord/tenant attorney immediately. You have remedies available to you.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

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If the landlord / management changed the locks on their own as a self-help eviction, then yes, you can sue the landlord.

If the landlord / management filed an eviction case in the courts and a writ of possession was issued and enforced, then no, you will not be able to sue.

it sounds as if you need a consultation with a local landlord / tenant attorney.

Good luck!

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