In Florida, a tenant can change their own locks if the lease doesn’t prohibit doing so.
However, the landlord still has the right to enter for various lawful reasons, so tenants should provide copies of the new keys after any lock change.
According to Chapter 83 of the Florida Statutes, a landlord cannot remove locks from a property unless it’s for the purpose of.
Under no circumstances is a landlord allowed, without express consent of the court or without a Sheriff present, to change the locks or remove a tenant’s property.
While tenants typically need to ask for permission before changing the lock, some states will not allow tenants to be penalized for changing them as long as the landlord is provided with an updated key.
Generally, tenants do not have the right to change the locks and exclude the landlord from their property without a reasonable cause.
What Are The Lawful Reasons For A Landlord To Enter A Tenant’s Property In Florida?
A landlord in Florida can enter a tenant’s property for the following reasons:
- For the protection or preservation of the premises
- To make repairs to the premises, but only after giving reasonable notice to the tenant and at a reasonable time
- For inspections, improvements (including decoration), maintenance, property showings, and emergencies
- To show the apartment to prospective tenants when the current tenant is moving out
However, except in cases of emergency, landlords must give tenants 12 hours’ notice of their intent to enter, unless the tenant agrees to a shorter time, and must enter only at reasonable times (defined as between 7:30 am and 8:00 pm) .
Even though the tenant’s right to privacy is essential, Florida law provides that tenants cannot unreasonably deny entry to landlords.
It is important to note that tenants have a basic right to privacy in their rental homes.
Can A Landlord Remove Locks From A Property In Florida If The Tenant Has Violated The Lease Agreement?
In Florida, a landlord cannot remove locks from a property unless it’s for the purpose of maintaining, repairing, or replacing them.
Under no circumstances is a landlord allowed to change the locks or remove a tenant’s property without express consent of the court or without a Sheriff present.
Pursuant to Section 83.67 of the Florida Statutes, Florida law prevents a landlord from forcing a tenant out by changing the locks.
A landlord cannot change the locks while they have a lease with a tenant.
However, tenants are allowed to change their own locks in Florida if the lease doesn’t prohibit doing so.
If a landlord violates these laws, the tenant may terminate the rental agreement if the landlord fails to come into compliance within seven days after delivery of the written notice.
What Happens If A Tenant Changes The Locks Without Providing The Landlord With A Copy Of The New Key In Florida?
According to Florida law, tenants are allowed to change their own locks if the lease doesn’t prohibit doing so.
However, they must provide the landlord with a copy of the new key after any lock change.
If a tenant changes the locks without providing the landlord with a copy of the new key, the following consequences may occur:
What happens if a tenant changes the locks without providing the landlord with a copy of the new key in Florida:
- The landlord still has the right to enter for various lawful reasons.
- The tenant may be in violation of the lease agreement if it requires them to provide the landlord with a copy of the key.
- If the landlord needs to enter the property for a lawful reason and cannot do so because the tenant changed the locks without providing a key, the tenant may be in breach of the lease agreement.
- The landlord may be able to terminate the lease agreement if the tenant is in breach of the lease agreement.
- The tenant may be liable for any damages or costs associated with the landlord having to gain entry to the property.
Are There Any Circumstances In Which A Landlord Can Change The Locks Or Remove A Tenant’s Property Without Court Consent Or The Presence Of A Sheriff In Florida?
A landlord in Florida cannot change the locks or remove a tenant’s property without court consent or the presence of a Sheriff.
Here are some relevant points to note:
- Florida law requires that notices to and from a landlord must be in writing and must be either hand-delivered or mailed, even if the rental agreement is oral.
- When a person pays rent to live in a house, apartment, condominium, or mobile home, the renter becomes a tenant governed by Florida law.A tenant has certain rights and responsibilities under Florida law, which are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act.
- The Florida Residential Landlord Tenant Act governs the rights of both landlords and tenants.Even with a signed lease, the laws “prevail over what the lease says.”
- Whenever a Florida law conflicts with a lease provision, Florida law controls.One common issue where leases will conflict with law is the notice required before a landlord can access the tenant’s dwelling.
Many Florida leases show 12 hours’ notice before the landlord can enter the rental unit.
- Under §83.51, landlords must comply with housing, building, and health codes.Where there are no applicable codes, a landlord must maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads.
Based on the above information, a landlord cannot change the locks or remove a tenant’s property without court consent or the presence of a Sheriff in Florida.
Any disputes between landlords and tenants should be resolved through the legal system.
What Constitutes A Reasonable Cause For A Tenant To Change The Locks And Exclude The Landlord From Their Property In Florida?
A tenant changing the locks and excluding the landlord from their property in Florida is generally not allowed.
Here are some relevant points from the sources:
- It is illegal for landlords to perform an illegal lockout, which includes changing the locks to prevent the tenant from accessing the property.
- Tenants do not appear to be able to change their own locks in Florida.
- If a tenant wants to change the locks, they should review their commercial lease agreement to ensure that the tenant’s action is prohibited and to confirm whether notice of a breach is required.
- A landlord must comply with any lease provision regarding the type and timing of notice of a breach which must be provided to a tenant for non-monetary breaches.If the lease does not have any provision for notice for non-monetary breaches, Florida law requires the landlord to provide 15 days written notice.
This means that the tenant would have 15 days to cure the breach.