Law Enforcement Procedure for Landlord-Tenant Disputes 7/16/2024

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Questions and Answers

What is the primary objective of the deputy upon arrival?

To immediately escort the tenant off the premises

To gain control of the situation to prevent physical confrontation (correct)

To provide legal advice to the landlord or tenant

To take sides in a civil matter

Where can landlords or tenants seek assistance for civil matters?

Landlord/Tenant Department, Escambia County Court House (correct)

Local Police Department

Small Claims Court

Escambia County Sheriff's Office

What is the purpose of the notice provided to the ex-tenant regarding abandoned property?

To inform the tenant of eviction proceedings

To provide a description of the property and instructions for retrieval (correct)

To demand payment for damages to the property

To notify the tenant of the property's disposal

Under what circumstances can a landlord enter a dwelling?

To make repairs, with at least 24 hours' notice Signup and view all the answers

What is the time limit for a tenant to claim abandoned property?

15 days from delivery or mailing of the notice Signup and view all the answers

What is the consequence of a tenant unreasonably withholding consent for a landlord to enter the dwelling?

The landlord can enter the dwelling without consent Signup and view all the answers

What option is available to customers who want a refund of advanced monies from a hotel/motel?

Seek a remedy through the court system Signup and view all the answers

What is the landlord's responsibility regarding abandoned property?

To store it safely and allow the tenant to claim it Signup and view all the answers

What is the hotel/motel's right in case of excessive clean-up and/or room damages?

To charge a fee Signup and view all the answers

What should the hotel/motel owner do if the occupant is not a transient guest?

Seek an eviction order by following the provisions of Florida Residential Landlord and Tenant Act Signup and view all the answers

What is a rebuttable presumption in the context of transient occupancy?

That the dwelling unit is not the sole residence of the guest Signup and view all the answers

Why do hotel/motel owners sometimes call ECSO?

To circumvent the lengthy and expensive eviction process Signup and view all the answers

What is essential in the preliminary investigation into whether an occupant can be 'ejected' or 'evicted'?

A proper determination of whether the occupant is a 'tenant' or a 'transient guest' Signup and view all the answers

What is not a type of notice that can be given by a landlord to evict a tenant?

One (1) year notice Signup and view all the answers

What is prohibited for landlords to do according to the prohibited practices?

Interrupt utility service furnished to the tenant Signup and view all the answers

What is the consequence if a landlord violates the prohibited practices?

The landlord shall be liable for damages or 3 month's rent, whichever is greater Signup and view all the answers

What information should be gathered to determine if an occupant is a tenant or a transient guest?

The occupant's local ties Signup and view all the answers

What is not a factor to determine if an occupant is a transient guest?

The occupant's age Signup and view all the answers

Study Notes

Procedure for Deputies in Landlord/Tenant Disputes

On arrival, the deputy should gain control of the situation to prevent escalation into a physical confrontation.
If the problem is a civil matter, advise the landlord or tenant to contact the landlord/tenant department in the Escambia County Court House for assistance.

Personal Property Left Behind

The landlord must notify the ex-tenant in writing, providing a description of all property left behind.
The notification letter must be hand-delivered or mailed first class, containing:
- Location where property can be claimed
- Information about storage fees, if applicable
- Deadline for claiming property (15 days from delivery or mailing)
The landlord is responsible for storing the property safely and can dispose of it after the deadline.

Landlord's Access to Dwelling

The landlord may enter the dwelling for:
- Protection or preservation
- Repairs, with at least 24 hours' notice and only between 7:30 AM and 8:00 PM
- With the tenant's consent
- When the tenant is absent for an extended period
The landlord must not abuse their right of access or use it to harass the tenant.

Hotel/Motel Issues

Customers are entitled to a refund of advanced monies, but this is a civil matter and must be resolved through the court system.
The hotel/motel can charge a fee for excessive clean-up and/or room damages.
Deputies do not get involved in the collection or refunding of money.

Hotel/Motel Guest Removal Procedures

ECSO can only "evict" a tenant in an ordinary landlord/tenant case with a court order.
In the case of a motel/hotel guest, a simplified "ejection" is permitted if the guest is a "transient" (intending temporary occupancy).
If the guest is not transient, the hotel/motel must follow the eviction process under the Florida Residential Landlord and Tenant Act.
To determine if the occupant is a "tenant" or "transient guest", consider:
- Does the establishment have a license to operate a hotel/motel?
- Does the occupant have local ties (job, bank account, car registration, children in school)?
- Are all the occupant's belongings in the room/apt?
- How is the rent paid (daily, weekly, monthly)?
- Who pays utilities?
- What does the "guest" registration show as the occupant's home address?

Prohibited Practices

No landlord shall:
- Interrupt utility services (e.g., water, heat, light, electricity)
- Prevent a tenant from gaining reasonable access to the dwelling (e.g., changing locks)
- Remove outside doors, locks, roof, walls, or windows except for reasonable repair situations
- Remove a tenant's personal property unless abandoned or through lawful eviction
A landlord who violates these restrictions shall be liable for damages or 3 months' rent, whichever is greater.

Types of Eviction

A landlord can give a tenant:
- 3-day notice for non-payment of rent
- 7-day notice for weekly payments or undesirable tenants
- 15-day notice for monthly payments

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Description

This quiz covers the procedures for law enforcement deputies to follow when responding to landlord-tenant disputes, including gaining control of the situation, advising on civil matters, and providing guidance to landlords.