Questions and Answers
What is the primary objective of the deputy upon arrival?
Where can landlords or tenants seek assistance for civil matters?
What is the purpose of the notice provided to the ex-tenant regarding abandoned property?
Under what circumstances can a landlord enter a dwelling?
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What is the time limit for a tenant to claim abandoned property?
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What is the consequence of a tenant unreasonably withholding consent for a landlord to enter the dwelling?
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What option is available to customers who want a refund of advanced monies from a hotel/motel?
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What is the landlord's responsibility regarding abandoned property?
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What is the hotel/motel's right in case of excessive clean-up and/or room damages?
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What should the hotel/motel owner do if the occupant is not a transient guest?
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What is a rebuttable presumption in the context of transient occupancy?
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Why do hotel/motel owners sometimes call ECSO?
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What is essential in the preliminary investigation into whether an occupant can be 'ejected' or 'evicted'?
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What is not a type of notice that can be given by a landlord to evict a tenant?
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What is prohibited for landlords to do according to the prohibited practices?
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What is the consequence if a landlord violates the prohibited practices?
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What information should be gathered to determine if an occupant is a tenant or a transient guest?
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What is not a factor to determine if an occupant is a transient guest?
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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.
