Housing

JALA’s Housing Unit handles a variety of housing matters and focuses on landlord/tenant law, including evictions and issues that commonly affect tenants of public and subsidized housing. Has your landlord locked you out of your home? Has your landlord refused to repair problems in your home? Is your landlord trying to evict you from your home? If so, JALA may be able to assist you. If you are experiencing a legal problem with your landlord or other housing provider, you may contact our office to apply for assistance. Below, please find information that may be helpful to you and your family if you are experiencing these types of problems.

A separate unit at JALA handles housing cases involving discriminatory practices. If you believe you have a Fair Housing issue involving housing discrimination, please click here.

1. Displaced Persons

Is the City requiring you to move because they are redeveloping your neighborhood?

If so, you may be a "displaced person" within the meaning of Federal Law and the City must help you relocate. "Displaced persons" include tenants, home and business owners who must move as a direct result of the City's acquisition of property.
If you are a "displaced person," you may be entitled to:

Written notice of when you will have to move.
Payment for relocation expenses assistance in finding alternative housing.

There are certain conditions which must be met to be considered a "displaced person." For
example, someone who is forced to relocate on a temporary basis, or because of a national emergency/disaster, is not a displaced person as discussed in this pamphlet.

If you are a renter and receive any type of notice evicting you or ending your rental agreement, you may have additional rights. You may want to contact an attorney.

"Displaced persons" are entitled to written notice that:

They may be displaced as a result of a government project or program.
They will not be required to move without at least 90 days written notice.
Help with relocation referrals and other assistance is available.
Relocation payments may be available if eligible.
Eligibility determinations may be appealed and there is a right to have a representative.
Notices should be personally delivered or sent by certified mail.

Relocation Referrals and Assistance Includes:

Help with filing relocation claims.
Current information and costs of available replacement housing.
Opportunity to inspect replacement housing.
Referrals to other sources such as counseling, Federal and State housing programs, etc.

Payments for Moving Expenses and for Replacement Housing:

Any owner-occupant or tenant who qualifies as a "displaced person" is entitled to certain moving expenses.
Displaced homeowner-occupants and displaced tenants may be eligible for replacement housing payments.
Eligibility requirements exist.

Comparable Replacement Dwelling

The "displaced person" will not have to move unless comparable replacement housing is made available. The replacement housing should be:

Decent, safe and sanitary.
Similar in size and cost to displaced dwelling.
Located in a comparable environment with similar access to public utilities and the displaced person's employment.

The "displaced person" should have reasonable time to negotiate a lease or purchase agreement.
displaced persons in public housing can be relocated to other public housing.

2. Tenant Rights When Served with an Eviction Notice

You have rights as a tenant!

You have rights as a tenant. Although your landlord may own the property you live in, it is your home. It gives your family stability, security and shelter. If your landlord tries to evict you, you can act to protect your home.

This document does not talk about defenses to an eviction or filing a written answer in court. For more information on these questions contact Jacksonville Area Legal Aid.

Can my landlord just throw me out?

No! Only a judge can order you evicted, and only the sheriff can put you out of your home. Landlords may not change your locks, move your property out of the apartment, cut off utilities included in rent or do anything else to force you to leave. These self-help evictions are illegal, and may constitute criminal activity.

You should immediately contact the police and Legal Aid if your landlord tries to drive you from home by that kind of illegal behavior or by threatening such behavior.

What is the proper eviction process?

In every eviction, the landlord must follow these steps before you can be legally evicted:

Give the tenant a written eviction notice asking the tenant to leave.
If the tenant refuses to leave, file an eviction case in court.
Get a court eviction order from the judge, after giving the tenant a chance to object to the eviction.
Direct the sheriff to evict the tenant.

What is the difference between an eviction notice and an eviction case?

The eviction notice is the landlord's request or formal demand made to the tenant. It asks the tenant to move out. It is delivered to the tenant only, and it is not filed in court.

If the tenant does not voluntarily move as requested by the eviction notice, the landlord may file an eviction case in court. The eviction case is the landlord's request or formal demand made to the county court. It asks the court to evict the tenant. This request is made in a summons and complaint, which is delivered to the tenant by a process server.

Important: If an eviction case is filed in court, the tenant must properly respond to the landlord’s eviction complaint in order to contest the eviction and remain in the home. The tenant only has 5 business days after being served with the summons and complaint to properly respond, or he/she will be evicted. To properly respond to an eviction complaint filed in court, the tenant must file a written response in court and deposit the rent that is due into the court registry.

Under Florida law, in addition to filing an answer, you must also deposit your rent with the court in order to get a hearing before the judge and continue to deposit it each month as it becomes due. If you do not deposit your rent with your written answer, the answer will probably not be accepted and you will lose your case without the right to a hearing. If you disagree with the amount of rent the eviction complaint states is due, you must file a “Motion to Determine Rent Due”. In this motion, you must state the amount of rent that is actually due and explain why, and attach documents that support your version of the correct rent amount. This motion would have to be filed along with your answer to the eviction complaint. If you file a “Motion to Determine Rent Due”, you must call the judge’s assistant to request an initial hearing for the judge to decide how much rent must be deposited.

A pamphlet on how to file an answer is available from Jacksonville Area Legal Aid. If the tenant files a proper written answer and deposits the rent that is due, the tenant should receive a trial before a judge to determine if the eviction is proper.

Must I move out after receiving an eviction notice?

No. You have a right to stay in your apartment until the landlord files an eviction case and a judge decides your case. The landlord must deliver an eviction notice before he can file an eviction case. The landlord cannot put you out unless he wins the eviction case in court.

How long does the eviction process take?

The eviction process will take at least 10 days from the date of the eviction notice, even if you do not file a defense in court or take any other action to stop the eviction. For example, assume your landlord delivered an eviction summons and complaint on April l4th, and you did not contest the eviction, the judge may enter a money judgment for rent, attorney's fees and court costs on April 22, and the sheriff could evict you from the apartment as soon as April 24.

3. Lockout

Has your landlord locked you out or turned off your utilities? - This is against the law.

A landlord cannot:

Lock you out of your rental unit by changing the locks.
Cut off your utilities, such as water, gas, lights, electrical, garbage service, heat, elevators, refrigeration.
Interfere with your access to the rental unit.
Try to prevent you from staying in your apartment by doing such things as removing the outside doors, locks, roofs, walls, or windows.
Threaten to do any of the above.

This is called Self-help Eviction and is against the law. A landlord who violates this law may be liable for your actual damages or 3 months rent, whichever is greater. The landlord will also be liable for your court costs, including attorney’s fees, if you successfully sue him/her.

You have the right to stay in your apartment until the landlord does all of the following:

Gives you a written notice to vacate asking you to leave.
If you refuse to leave, filing an eviction action in court.
Obtains a court eviction order from the judge.
Obtains an order from the sheriff to evict the tenant.

Until you are evicted by a judge, you have the right to peaceable possession of your rental unit. Only the sheriff can do the eviction…not the landlord.

What can I do?

If your landlord is somewhat reasonable, you can request they undo their unlawful action so that you can return to the rental unit and the landlord can follow the lawful eviction procedure. If this is not possible or does not work, you may do the following:

If your utilities have been cut off by the landlord you can:

Visit the Jacksonville property safety division at 1801 Art Museum Drive, Building 3500, Suite 200, or call them at 904-630-4955 to request that they contact your landlord and explain that the landlord’s action is illegal and violates the Jacksonville housing code.
Contact your utility company to see if they will turn the utility back on in your name. You may be required to pay a deposit and service charge.
File the appropriate lawsuit against your landlord. (see more information on this below.

If your landlord has locked you out of your rental unit, you can get in by cutting off the lock or going in through a window. If you do this, be sure:

You have proof with you that shows you live in the rental unit to prevent the police from arresting you for breaking in.
That you can reenter the rental unit safely. Some landlords threaten to beat or shoottenants who are breaking in. Do not risk your own or your family's safety if you are unsure.

This information on returning to your rental unit does not apply to:

Hotels, motels, or boarding places if you are a transient.
Where a judge has ordered you to move and the sheriff has evicted you or
Situations where you:
A. Are not the tenant or a member of the tenant's household.
B. Have not lived there with the landlord's knowledge and at least implied approval
(you should not try to break into a place you do not rent).

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4. Suing Your Landlord

If your landlord has violated the law by locking you out or cutting off your utilities, you may sue the landlord in small claims court for damages and an injunction to allow you to lawfully remain in the rental unit until a legal eviction has taken place.

If you sue your landlord in small claims court, you should tell the clerk that you are suing for damages under section 83.67 of the Florida statutes. As stated before, you can sue for your actual damages or 3 months rent, whichever is greater.

5. How to Find Housing

If you are looking for rental housing, there are a couple of places that you might start. You might start by contacting the Jacksonville Housing Authority (JHA) to learn more about their housing programs and availability.
JHA’s main housing programs are:

Public housing this is housing that is owned, managed and rented by JHA.
Section 8 voucher program the section 8 voucher program provides rental assistance to a tenant who rents from a private landlord; JHA gives the tenant a “voucher” for rental assistance, and the tenant is responsible for finding a landlord who will accept the voucher.
Mod rehab this program provides rental assistance similar to the section 8 voucher program, but here the assistance stays at the particular rental unit to help whatever family lives there. If you live in an apartment under the mod rehab program, you receive the rental assistance; but if you move out, you don’t take the assistance with you.

Tenants who participate in one of JHA’s housing programs pay rent that is based on the tenant’s income, and can generally expect to pay about 30% of the tenant’s monthly income. To find out more, or to apply, you can call JHA at 904-630-3810, or visit their office at 1300 Broad Street.

Another housing option is HUD-subsidized apartments. These apartments are federally subsidized so that the tenant pays rent that is based on his/her income. As with JHA’s housing programs, a tenant in a HUD-subsidized apartment can generally expect to pay rent in the amount of about 30% of his/her monthly income. To find a list of HUD-subsidized apartments in your area, you can go to www.hud.gov

6. Questions You May Have If You Live In Public Housing

Who owns and manages public housing?

The local public housing authority owns and operates public housing. In Baker County, this is the MacClenny Housing Authority. In Duval County (Jacksonville), this is the Jacksonville Housing Authority (JHA). In Nassau County, this is the Fernandina Beach Housing Authority, There is no public housing in Clay County.

What is a lease?

It is an agreement between the person living in public housing (the tenant) and the local public housing authority which owns and operates public housing. The lease lists out the rights and responsibilities of both the tenant and the public housing authority. All public housing tenants must have a lease. Your lease can be changed if your household income or size changes.

How is my rent determined?

Your rent should be 30% of your total household income after certain deductions required by law. Your rent may increase or decrease if your income changes. There may be a "minimum rent" charged, even if your income is zero.

What other charges can the housing authority charge in addition to my rent?

Extra charges are charges not included in your rent. The public housing authority can hold a tenant responsible for repair bills not involving normal wear and tear of the apartment. Extra charges can also include utility bills in excess of the utility allowance.

Who is responsible for making repairs in my apartment?

The public housing authority must maintain and repair the housing it owns. Specifically, the public housing authority must:

Maintain your apartment in a safe and sanitary condition, including complying with local building and housing codes.
Make all necessary repairs.
Keep common areas in a clean and safe condition.

What are the reasons a tenant can be evicted from public housing?

Public housing tenants can only be evicted for serious and repeated violations of their lease or other good cause. Failure to pay rent, repeated damages caused by the tenant, or interfering with the rights of other tenants could be cause for eviction. A tenant will know the public housing authority has started eviction proceedings when the tenant receives a notice to terminate their lease. If you receive any papers from the public housing authority or the court about an eviction, you should seek legal assistance right away.

When should I request a grievance hearing?

A grievance is any dispute a tenant has with the public housing authority caused by their failure to follow the lease, its own policies, and/or federal or state law. You can use the grievance procedure to dispute excess utility charges, excess repair charges, rent increases, the public housing authority's failure to make requested repairs in your apartment, or, in most cases, termination of your lease.
If you want to pursue a grievance, you must request it within 10 days of the public housing authority's actions. In Jacksonville, your grievance will be heard by the Jacksonville public housing tenant advisory council grievance panel. In Baker and Nassau County your grievance will be heard by a hearing officer. If your grievance concerns termination of your lease and you lose in the grievance process, you have the right to appear in court before a judge to challenge the public housing authority's decision.

Do I have the right to join a tenant association?

A public housing tenant association is a group of public housing tenants working to improve conditions and management of their public housing complex. All public housing tenants have the right to join a tenant association. It is illegal for the public housing authority to evict a tenant for joining a tenant association or for complaining about the condition of their apartment.

What can Legal Aid do to help public housing tenants?

Legal aid may be able to assist you if you have the following problems:

You receive a notice to terminate your lease.
You cannot get repairs done in your apartment.
You are being charged extra charges which you think are incorrect.
You think the amount of rent you are paying is incorrect.
Your tenant association wants to educate public housing tenants on their legal rights in public housing.

Duval Public Housing Authority:
Jacksonville Housing Authority
1300 Broad Street
Jacksonville, FL
(904) 630-3800

Baker County Public Housing Authority:
MacClenny Housing Authority
402 Stansell Street
MacClenny, FL
(904) 259-6881

Nassau Public Housing Authority:
Fernandina Beach Housing Authority
1300 Hickory Street.
Fernandina Bch, FL
(904) 261-5051

7. Quest

What is Quest?

Quest is a program designed to serve anyone who is homeless in Jacksonville. If you are homeless, quest staff can help you obtain housing, medical care, food stamps, and other important services.

Sometimes the pressure of homelessness may appear overwhelming. Quest offers help. Quest offers hope.

Services Available

Quest provides the following services:

Case management coordinates access to available services.
Employment referrals to programs designed to help homeless individuals return to work.
Housing referrals to secure housing for the homeless.
Medical services and follow up basic first aid on the streets and referrals to ongoing medical treatment.
Mental health services counseling, psychiatric services and medication management.
Entitlement application assistance to help with filing for social security, city welfare, food stamps and other entitlements.
Substance abuse services assessments, counseling and referrals.

Location

The Quest program's office is located at:

305 North Washington Street
Jacksonville, Florida 32202

Phone: (904) 358-2411
Fax: (904) 358-2448

Are you homeless? Do you want help?

Any homeless person can obtain services by:

Visiting or calling the office.
Approaching the quest staff during outreach.

Quest staff are easy to identify. They will be wearing quest shirts, and will be in the Quest van or on the streets in your area.

Look for the Quest team in your area! They will be there to help you!

302 North Washington Street
Jacksonville, FlL 32202
Phone (904) 358-2411

The Quest program is funded by the United States Department of Housing and Urban Development, community planning and development and through the supportive housing program. Quest is a program of Mental Health Resource Center, Inc.

8. Local resources

Detox

Alcoholic Service Center
355-6947
20 West 4th street

Gateway Community Services
387-4661
500 Osceola Street
(Behind Stockton Street Treatment Center)

Emergency Assistance
First call for help
632-0600
(Social Services and Suicide Hotline)

Victim Services
630-6300 or 630-0768
403 West 10th Street
(Must have a police report for theft or fire.)

Meals / Food

Clara White Mission
354-4162
613 West Ashley Street
(lunch 11:30 a.m. - 1:00 p.m.)

Food Bank
353-3663
1502 Jesse Street

I.M. Sulzbacher Center for the Homeless
359-0457
611 East Adams Street
(dinner 6:00 p.m. - 6:30 p.m.)

Mission House
241-6767
800 Shetter Avenue, Jacksonville Beach
(Meals 12:00 and 7:00 p.m., Monday-Friday; Lunch Saturday and Sunday)

Medical
In case of an emergency, dial 911 or go to any hospital emergency room.

I.M. Sulzbacher Center
359-0467
611 East Adams Street
(Walk-ins 1:00-4:00 p.m. Monday-Wednesday & Friday)

Mental Health Services

Link Program/MBRC
358-2411
305 North Washington Street

Mental Health Resource Center
642-9100
11820 Beach Boulevard

Mental Health Center of Jacksonville
695-9145
3333 West 20th Street

Shelters

Circle of Love Ministries
751-1034
13519 North Main Street

City Rescue Mission (New Life Inn)
353-8561
234 West State Street

Hubbard House
399-1000
(Emergency shelter for abused women and children only)

I.M. Sulzbacher Center for the Homeless
359-0457
611 East Adams Street

Salvation Army
356-8641
900 West Adams Street

Trinity Mission
355-1205
622 West Union Street

Substance Abuse

Support Groups
Alcoholics Anonymous
399-8535

Narcotics Anonymous
723-5683

Transportation

Amtrak
1-800-872-7245

Greyhound Buses
1-800-231-2222

Local Buses
630-3100

Traveler's Aid
356-0249
217 West Church Street