Can a landlord puts a clause in a lease stating they can change the locks and remove your things without the courts?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord puts a clause in a lease stating they can change the locks and remove your things without the courts?

Asked on May 23, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Such a clause would almost certainly be unenforceable in the case of residential tenants--that is, people renting a home or apartment in which to live. Residential tenants cannot be evicted except by court action (i.e. by the landlord bringing and prevailing in an eviction action and getting a judgment of possession).

However, less protection is afforded commericial (that is, business) tenants, like stores and offices; such a clause would probably be enforceable against them.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption