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Florida Lockouts, Utility Shutoffs and Prohibited Landlord Practices

No. Under Fla. Stat. s. 83.67, a Florida landlord may not cut off a tenant's utilities, change the locks, or otherwise keep the tenant out of the unit, and the section contains no exception for unpaid rent. A landlord who does it is liable "for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees" (s. 83.67(6)).

What s. 83.67 prohibits

What the tenant can recover

The greater of actual and consequential damages or 3 months' rent, plus costs including attorney's fees (s. 83.67(6)). "Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages." A violation "constitutes irreparable harm for the purposes of injunctive relief" (s. 83.67(7)), and the remedies "are not exclusive" (s. 83.67(8)). The section does not say which monthly rent figure is used for the 3-month measure; that is a question for a Florida attorney.

The exceptions, as printed

The only printed carve-out is in s. 83.67(5): removing doors, locks, roof, walls, or windows "for purposes of maintenance, repair, or replacement," and removing belongings after surrender, abandonment, a lawful eviction, or the last tenant's death. Subsections (1) and (2) have no emergency exception, no exception for unpaid rent, and none for a tenant you think has left. Two nearby rules are about different things:

A lease clause will not rescue a lockout: a provision is void and unenforceable to the extent that it "[p]urports to waive or preclude the rights, remedies, or requirements set forth in this part" (Fla. Stat. s. 83.47(1)(a)).

The lawful order of steps

  1. Serve the notice the statute requires: the 3-day notice for unpaid rent (s. 83.56(3)) or the 7-day notices for other noncompliance (s. 83.56(2)), per Fla. Stat. s. 83.56.
  2. If the tenant stays, file for possession in the county court where the unit sits (s. 83.59(2)).
  3. After judgment, the clerk issues a writ to the sheriff, who puts you in possession "after 24 hours' notice conspicuously posted on the premises" (Fla. Stat. s. 83.62(1)).
  4. Only after the sheriff executes the writ may you change the locks and remove property. The sheriff may charge a reasonable hourly rate to stand by, paid by the person who asks (s. 83.62(2)).

Filing fees and how the clerk and sheriff handle service are local practice outside Chapter 83; ask the clerk of court.

Retaliation, s. 83.64 (as printed)

Fla. Stat. s. 83.64(1) makes it "unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant." Listed examples include a complaint to a code-enforcement agency, joining a tenant organization, a complaint to the landlord under s. 83.56(1), or exercising fair-housing rights. The tenant must have acted in good faith. A tenant may raise retaliation as a defense in a possession action (s. 83.64(2)), but the section "does not apply if the landlord proves that the eviction is for good cause," such as good-faith action for nonpayment or a lease violation (s. 83.64(3)).

Checklist before touching a lock or a utility

Common mistakes

If a tenant says they were locked out, or you are unsure whether a step is allowed, a Florida landlord-tenant attorney is the person to ask.

Sources

Related guides

Informational only, not legal advice. Statute text checked against the 2026 Florida Statutes (Chapter 83, Part II) on October 4, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Florida landlord-tenant attorney.

Want the complete picture? The Florida Small Landlord Compliance Guide puts every Part II rule in one place, cites the 2026 statute for each, and includes the statutory notices ready to copy.

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