Tags
2024, 82.036, florida, fraudulent, LANDLORD, new law, news, transient, trespass, unlawful detainer
New law for unauthorized entry and detainer, § 82.036 F.S. Passed and enrolled 3/6/2024
Takes effect July 1, 2024
Cast as an alternative remedy for unlawful entry and detainer, Chapter 82 of Florida Statutes, this new law allows property owners to submit a complaint form promulgated by the statute to the county sheriff demanding the immediate extrajudicial remove of an occupant that is not an immediate family member of the owner and not a current or past tenant. The sheriff may charge the customary fee for a writ of possession.
A person wrongfully removed under the new law has the remedy of suing for damages, triple rent, attorneys fees, and costs.
Additionally enacted is
§806.13 F.S Criminal Mischief: any person who unlawfully detains or trespasses on a residential dwelling causing $1000 or more in intentional damage commits a 2nd degree felony.
§817.03 False Statement to detain real property: any person with the intent to detain real property presenting a false document purporting to be a lease or other conveyance commits a 1st degree misdemeanor.
§817.0311 Fraudulent sale or lease of residential property: any person, who lists or advertises for sale, or who rents a residential property, who does not have title or authority to do so commits a 1st degree felony.