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.
Related FAQs
What help is available for children who experience domestic abuse?Are there laws specific to domestic abuse that vary by state?
What is a protection from abuse (PFA) order?
Are there any laws that provide protection to victims of stalking or harassment in domestic abuse cases?
Are there any laws that mandate specific behavior for abusers?
What are the legal rights of grandparents in cases of domestic abuse?
What safety measures can a victim of domestic abuse take while they are still living with their abuser?
Are there any laws that protect victims of dating violence?
Are there any classes or programs for abusers that focus on non-violent conflict resolution?
What types of orders can a court issue in a domestic abuse case?
Related Blog Posts
Understanding Domestic Abuse Law: What Every Victim Should Know - July 31, 2023How to File a Domestic Abuse Lawsuit: A Step-by-Step Guide - August 7, 2023
Domestic Abuse Laws: Are They Effective in Protecting Victims? - August 14, 2023
What Is the Punishment for Domestic Abuse Crimes? - August 21, 2023
The Different Types of Domestic Abuse Charges - August 28, 2023