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Tenant entitled to recover treble rent for each utility terminated

On or about July 17, 2001 the landlord  caused tenant’s water and electric service to be terminated.

Section 83.67(1) of the Florida Statutes states that no landlord of any dwelling shall cause directly or indirectly, the termination or interruption of any utility furnished the tenant, including water and electricity.

Section 83.67(a) of the Florida Statutes states that a landlord who violates that section shall be liable to the tenant for actual and consequential damages or three months rent, whichever is greater.

The court ruled that the termination of more than one utility entitles plaintiff to damages for each one terminated.

“Thus, tenant is entitled to an award of three month’s rent from landlord for the termination of her water service. Additionally, tenant is entitled to an award of three month’s rent from landlord  for the termination of her electric service.”

The court entered a judgment against the landlord for six month’s rent plus costs.

JEAN vs. TORRES. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-18726 COCE (56). September 24, 2001. Linda R. Pratt, Judge. 8 Fla. L. Weekly Supp. 853c

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