Skip to main content

Can a landlord just walk into your house without knocking even though the door is open?

Fort Walton Beach, FL |

I was cleaning my house yesterady and i had the door open to let the fumes from the bleach out of thouse as well as all the windows. My landlord just walked right in without even knocking. She told us that we have 24 hours to get out of the house. Dont we have 30 days after an eviction notice is served by the sheriff?

+ Read More

Attorney answers 1


No, your LL cannot just walk in unless it is an emergency like the pipes are flooding the place. You have an exclusive right of possession to the premises except for emergencies. That is what you pay rent for. And no, she cannot order you out in 24 hours. Presuming you don't live in a motel or hotel room, but an apartment or house, there is a legal process that the landlord MUST follow in Florida or else you have a lawsuit against her for 3 times the damages.

She must serve you with a notice. If the rent is not paid up, then a 3 day notice to pay the rent. If there is no lease and she wants you out, then she has to give you a 15 day notice to get out. Once the notice expires, either 3 days or 15 days, then, and only then, can she GO TO THE COURTHOUSE and begin an eviction action against you. She MUST file a complaint for eviction against you and then have it served upon you by the sheriff. Once you are served you have 5 days to answer the complaint (if its for not paying the rent). Eventually she may obtain a judgment against you and then she will be given a Writ of Possession. Then she takes the writ of possession to the sheriff who gets around to serving it on you with a 24 hour notice to get out. If you are not out in 24 hours after being served by the sheriff, then, and only then, can the landlord remove your possessions from the property and put them out on the street. This process can take weeks if done efficiently by a lawyer or someone experience in evictions.

In residential tenancies a landlord MUST follow this procedure or you may sue her for constructive eviction. If she attempts to throw you out without following this proceedure, call the police immediately. They know how it works and they will inform her.

The foregoing is offered for informational purposes only and is not legal advice. No attorney-client relationship is formed hereby and none is intended.

If you found the above helpful, kindly check the thumbs-up box below.