Can a victim of domestic abuse be evicted from their home?

Yes, a victim of domestic abuse in Florida can be evicted from their home. The Florida Statute 718.103 states that any tenant who has been the victim of domestic violence, as defined in Florida Statute 741.28, may terminate a residential lease or rental agreement without penalty. Additionally, the tenant may also be able to recover a portion of their security deposit and any prepaid rent. However, the victim must first provide the landlord with a written notice to terminate the lease. This notice must include either a restraining order issued under the provisions of Florida Statutes 741.30 or a sworn affidavit that indicates the tenant is a victim of domestic violence as defined in Florida Statutes 741.28. The tenant must also provide a copy of the restraining order, if applicable, along with the written notice of termination. Finally, the tenant must vacate the premises within fifteen days of the issuance of the restraining order or the submission of the sworn affidavit. If the landlord chooses to proceed with an eviction, they must file an action with the appropriate court to obtain a judgment to remove the tenant. In conclusion, while a tenant who is a victim of domestic abuse is allowed to terminate their lease without penalty, they can still be evicted if a landlord seeks a judgment to be issued by the court.

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