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Florida lockout law: section 83.67 and the three-months'-rent penalty for locks, utilities and removed property

DoorKeeping team

3 min read

Florida's statute on prohibited practices, s. 83.67, is short and blunt. A landlord may not cause the termination or interruption of any utility service, may not prevent reasonable access by changing locks or using a bootlock, and may not remove outside doors, locks, roof, walls or windows except for maintenance, repair or replacement. A violation costs actual and consequential damages or three months' rent, whichever is greater, plus attorney's fees.

The five prohibited acts in section 83.67

  1. Utilities. Subsection 1: no causing, "directly or indirectly," the termination or interruption of any utility service furnished the tenant, including 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. Access. Subsection 2: no preventing the tenant from reasonable access to the unit "by any means, including, but not limited to, changing the locks or using any bootlock or similar device."
  3. Structure. Subsection 5: no removing the outside doors, locks, roof, walls or windows except for maintenance, repair or replacement.
  4. Property. Subsection 5: no removing the tenant's personal property unless after surrender, abandonment, recovery of possession on the death of the last tenant, or a lawful eviction.
  5. Servicemember discrimination. Subsection 3 bars discrimination against a servicemember in offering a unit or in lease terms.

What is the penalty?

Subsection 6: a landlord who violates the 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 first are subject to separate awards. Subsection 7 treats a violation as irreparable harm for injunctive relief, and subsection 8 keeps every other remedy the tenant has.

Example a made-up Miami owner changes the lock on a unit renting for $1,500 and the tenant's actual and consequential damages are $3,000. Three months' rent is $4,500, which is greater than $3,000, so the statutory minimum is $4,500, plus costs and attorney's fees. If the owner repeats it a month later, a separate award can follow.

What about belongings after the tenant leaves?

Subsection 5 allows removal of personal property "after surrender, abandonment, recovery of possession ... due to the death of the last remaining tenant ... or a lawful eviction." If the lease or a separate written agreement provides for it, the landlord need not comply with s. 715.104 on storage and disposition after surrender or abandonment. For a lease that says so, the statute requires a printed or stamped legend in substantially its form. Abandonment is defined in s. 83.59(3)(c). Do not clear a unit before one of those events has clearly happened.

What is the lawful path?

Serve the correct written notice, as in the 3-day notice under s. 83.56(3), file for possession, and let the sheriff execute the judgment. Meanwhile keep the utilities running, even if you pay them: subsection 1 applies whether or not the landlord pays. The safe rule in every state is the same: the only lawful way to take back a unit from a tenant who will not leave is the court process, carried out by the officer the court names.

How DoorKeeping helps in Florida

DoorKeeping keeps each lease, notice and court date in one place, so you can ask Claude or ChatGPT where a tenant stands before anyone touches a lock or a utility. Anything that goes to a tenant waits for your one-tap approval. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.

Sources

  1. Florida Statutes 83.67, Prohibited practices (Florida Legislature), read Oct 30, 2026
  2. Florida Statutes 83.56, Termination of rental agreement (Florida Legislature), read Oct 30, 2026

Questions

What is the penalty for changing locks on a Florida tenant?
Actual and consequential damages or three months' rent, whichever is greater, plus costs and attorney's fees (s. 83.67(6)).
Can a Florida landlord cut off water the landlord pays for?
No. Subsection 1 applies whether or not the utility is under the landlord's control or the landlord pays for it.
Can a Florida landlord use a bootlock?
No. Subsection 2 names changing the locks or using any bootlock or similar device.

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