Florida Statutes

Fla. Stat. § 83.67 (2025)

Prohibited practices.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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83.67 Prohibited practices.—

(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.

(2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.

(3) A landlord of any dwelling unit governed by this part shall not discriminate against a servicemember in offering a dwelling unit for rent or in any of the terms of the rental agreement.

(4) A landlord shall not prohibit a tenant from displaying one portable, removable, cloth or plastic United States flag, not larger than 4 and 1/2 feet by 6 feet, in a respectful manner in or on the dwelling unit regardless of any provision in the rental agreement dealing with flags or decorations. The United States flag shall be displayed in accordance with s. 83.52(6). The landlord is not liable for damages caused by a United States flag displayed by a tenant. Any United States flag may not infringe upon the space rented by any other tenant.

(5) A landlord of any dwelling unit governed by this part shall not remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement; and the landlord shall not remove the tenant’s personal property from the dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction. If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the tenant, the landlord is not required to comply with s. 715.104 and is not liable or responsible for storage or disposition of the tenant’s personal property; if provided in the rental agreement, there must be printed or clearly stamped on such rental agreement a legend in substantially the following form:

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.

For the purposes of this section, abandonment shall be as set forth in s. 83.59(3)(c).

(6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages.

(7) A violation of this section constitutes irreparable harm for the purposes of injunctive relief.

(8) The remedies provided by this section are not exclusive and do not preclude the tenant from pursuing any other remedy at law or equity that the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant who has been discriminated against under subsection (3).

History.—s. 3, ch. 87-369; s. 7, ch. 88-379; s. 3, ch. 90-133; s. 3, ch. 96-146; s. 2, ch. 2001-179; s. 2, ch. 2003-30; s. 4, ch. 2003-72; s. 1, ch. 2004-236; s. 2, ch. 2007-136.

Notes of Decisions

Cited in 20 cases (8 in the last 5 years), 1988–2025 · leading case: Badaraco v. Suncoast Towers V Assocs., 676 So. 2d 502 (Fla. 3d DCA 1996).

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Badaraco v. Suncoast Towers V Assocs., 676 So. 2d 502 (Fla. 3d DCA 1996). · cites it 6× “According to the tenant, Section 83.67, Florida Statutes (1995), entitled him to damages in the amount of three months’ rent for each interruption of utility services necessitated by the construction process.”

Clemente v. Horne, 707 So. 2d 865 (Fla. 3d DCA 1998). · cites it 2× “In count one of their amended complaint, the appellants sought statutory damages for breach of their landlords' duties pursuant to section 83.67, Florida Statutes (1995). In count two, appellants sought damages for appellees' intentional infliction of emotional distress.”

Jacobs v. Westgate, 766 So. 2d 1175 (Fla. 3d DCA 2000). · cites it 2× “He initially sued for 1) wrongful eviction; 2) violation of section 83.67, Florida Statutes (1997); 3) conversion; and 4) negligence.”

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar, 50 So. 3d 503 (Fla. 2010). · cites it 4× “Landlord is prohibited from taking certain actions as described in Section 83.67, Florida Statutes, the provisions of which can be found in the attachment to this Lease.”

Grant v. GHG014, LLC, 65 So. 3d 1066 (Fla. 4th DCA 2010). · cites it 2× “They sought the *1067 immediate possession of a residential apartment, contending that the appellees violated section 83.67(2), Florida Statutes, by changing the locks of the apartment.”

Mann v. Hillsborough Cnty. Sheriff's Off., 946 F. Supp. 962 (M.D. Fla. 1996). “In addition, Judge Honeywell entered an order against the Creasys, for violation of Florida Statute § 83.67 for preventing the tenant reasonable access to the dwelling and removing the tenant’s personal property.”

James v. City of St. Petersburg, 6 F.3d 1457 (11th Cir. 1993). · cites it 3× “For example, Fla.Stat. § 83.67 prohibits a landlord from interrupting a tenant’s water service, directly or indirectly.”

Gina Nugent v. Anne- Laure Michelis (Fla. 4th DCA 2021). · cites it 29× “But the issue Plaintiff confronts in this appeal is the trial court’s denial of fees based on waiver for failure to timely move for fees with a specific reference to section 83.67. Turning to Plaintiff’s pro se supplemental filings, European Bank did not preclude the trial court…”

Anne-Laure Michelis v. Gina Nugent (Fla. 4th DCA 2025). · cites it 15× “67(6) to encompass fees for fees would not aid in deterring the conduct targeted by section 83.67 because the statute already provides for damages and costs, which are a sufficient deterrent to enforce the statute without risking an increase in needless litigation.”

Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). · cites it 12× “Therefore, we reverse the county court’s final judgment, and remand for the county court to determine whether the tenant proved the alleged landlord violated section 83.67 and, if so, to determine the alleged tenant’s proven damages amounts.”

1560-1568 Drexel Ave LLC v. Johann C. Dalton, Etc. (Fla. 3d DCA 2021). · cites it 4× “See § 83.67, Fla. Stat. (2020). 2 Without further elaboration, we conclude that the trial court did not 1 The October 4 Order also grants Tenant attorney’s fees as a sanction but does not liquidate the amount of fees.”

Alonso Cano v. 245 C&C, LLC (S.D. Fla. 2024). · cites it 4× “• Count Fifteen: violating Section 83.67(1), Florida Statutes, by turning off the water to their apartment without warning.”

Show all 20 citing cases →

— 83.67(1) — 2 cases

Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). “Therefore, we reverse the county court’s final judgment, and remand for the county court to determine whether the tenant proved the alleged landlord violated section 83.67 and, if so, to determine the alleged tenant’s proven damages amounts.”

Alonso Cano v. 245 C&C, LLC (S.D. Fla. 2024). “• Count Fifteen: violating Section 83.67(1), Florida Statutes, by turning off the water to their apartment without warning.”

— 83.67(2) — 3 cases

Grant v. GHG014, LLC, 65 So. 3d 1066 (Fla. 4th DCA 2010). “They sought the *1067 immediate possession of a residential apartment, contending that the appellees violated section 83.67(2), Florida Statutes, by changing the locks of the apartment.”

William Hefley & Aimee J. Hefley v. Christopher Holmquist (Fla. 5th DCA 2025).

Wheeler v. Blue Lantern, Inc., 50 Fla. Supp. 2d 158 (Fla. Lee Cty. Ct. 1991).

— 83.67(4) — 5 cases

Samantha Elaine Tsuji v. H. Bart Fleet, etc. (Fla. 2023).

Routhier v. Meiley, 33 Fla. Supp. 2d 122 (Fla. Cir. Ct. 1988).

Wheeler v. Blue Lantern, Inc., 50 Fla. Supp. 2d 158 (Fla. Lee Cty. Ct. 1991).

Wilson v. Byrd, 50 Fla. Supp. 2d 214 (Fla. Cir. Ct. 1991).

— 83.67(5) — 2 cases

Gina Nugent v. Anne- Laure Michelis (Fla. 4th DCA 2021). “But the issue Plaintiff confronts in this appeal is the trial court’s denial of fees based on waiver for failure to timely move for fees with a specific reference to section 83.67. Turning to Plaintiff’s pro se supplemental filings, European Bank did not preclude the trial court…”

William Hefley & Aimee J. Hefley v. Christopher Holmquist (Fla. 5th DCA 2025).

— 83.67(6) — 4 cases

Anne-Laure Michelis v. Gina Nugent (Fla. 4th DCA 2025). “67(6) to encompass fees for fees would not aid in deterring the conduct targeted by section 83.67 because the statute already provides for damages and costs, which are a sufficient deterrent to enforce the statute without risking an increase in needless litigation.”

Alonso Cano v. 245 C&C, LLC (S.D. Fla. 2024). “• Count Fifteen: violating Section 83.67(1), Florida Statutes, by turning off the water to their apartment without warning.”

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