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new law in florida - Landlord Forum thread 328736

new law in florida by nicey (FL) on December 15, 2014 @10:15

                              
Hi everyone! I am wondering if any of the other Florida Landlords are having any luck with getting the Tenant put out on Weekends and Holidays. We had new state Laws come out this year but the Sheriff chooses not to follow them here in Volusia County. I was wondering if anyone else has had luck with having their evictions. We also now have the right to charge the Tenant criminally if they do damage. And we should be able to have someone arrested for breaking into a property and squatting, but we have not had the police department comply. They still want to say its a civil matter and we have to evict the person. Now if they had broke into my car they would arrest him for grand theft. Why not arrest them for grand theft house? I would like to see what success the other landlord are having and what type of actions they are taking if they are not having success with the police. Thanks
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Re: new law in florida by Bill on December 15, 2014 @10:52 [ Reply ]
Sometimes it is good to remind the Sheriff that deadbeat tenants does not vote but landlords do.
Re: new law in florida by Shaun (Fl) on December 15, 2014 @12:17 [ Reply ]
Up here the county website still has "weekend and holidays" written in the 3 day Pay or Quit Notice.
I know that the intend of the law change was that with 24 hour banking there was no reason that a Tenant couldn't get $$$ on those days.

Re: new law in florida by Anonymous on December 15, 2014 @17:50 [ Reply ]
I think you are confused about the law?
Re: new law in florida by MrDan (Georgia) on December 16, 2014 @04:28 [ Reply ]
The new Landlord Tenant law updates went into effect on July 1, 2013

New Law – The writ of possession can NOW be "served” or "executed” on a Saturday, Sunday or Legal Holiday. It’s not a requirement that it MUST be “served” on or “executed” during these days. The Sheriff’s Department will still likely not be serving or executing a writ of possession on weekends or holidays.

New Law – If there is a crime by management or resident, the law is now clarified to show that it now can be enforced by a criminal action as well. It’s still up to the local District Attorney’s Office to pursue charges or not.

‘The Florida Law Enforcement Handbook’ lays out the rules an officer must follow in determining who has the right of possession. (83.62, Fla. Stat) A lawful eviction can be accomplished only by a law enforcement officer acting pursuant to a civil writ of possession. Any other action by law enforcement that causes the ouster of a tenant, whether it involves physical removal or causing the tenant to leave out of fear of arrest, is likely to be considered wrongful eviction.

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