Housing Unit

JALA’s Housing Unit handles a variety of housing matters and focuses on landlord-tenant law, including evictions and other 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 your case involves housing discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion, please click here.

(The information provided on this page is not a substitute for legal advice. The laws described here may change without notice.)

* Special note, as of January 23, 2009, for tenants whose landlords are in foreclosure:

If your landlord obtained a mortgage for the property you are renting before you started renting the property, which is most often the case, then a final judgment of foreclosure of that mortgage (signed by a judge) will end your legal right to continue occupying the property as a tenant. Therefore, if you are served with court papers regarding a foreclosure lawsuit against your landlord, you should begin looking for another place to live.

A foreclosure lawsuit generally takes at least 3 months from the time it is filed against the property owner until the judge signs a final judgment of foreclosure, even if the property owner does nothing to fight it. If your landlord takes steps to contest the foreclosure in court, the lawsuit may take longer and/or the foreclosure judgment might be avoided altogether.

For advice about the right to terminate your lease because of the pending foreclosure lawsuit against your landlord, or for other advice relating to your particular situation, you may contact JALA to apply for assistance. Since your rental agreement with the landlord (whether it is written or verbal) is not ended until the final judgment of foreclosure is entered in court, you should not stop paying rent without first seeking legal advice from an attorney.

1. Tenant Rights When Served with an Eviction Notice

· 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 section explains your rights when your landlord tries to evict you.

This section does not talk about specific defenses to an eviction case or how to file a written answer in court. For more information on those questions, you should ask for other pamphlets available from JALA or, for assistance in a particular case, you should apply for services at JALA.

· Can my landlord just throw me out?

NO! Landlords may not change your locks, move your property out of the apartment, cut off utilities or do anything else to force you to leave. Those kinds of self-help eviction measures are illegal. You should immediately contact the police and JALA if your landlord tries to drive you from your home by threats, harassment, or other self-help eviction measures.

In order to evict you lawfully, your landlord must file an eviction case against you in court and obtain an eviction order from the judge. ONLY a JUDGE can order you evicted, and only the Sheriff can put you out of your home after the judge has ordered you evicted.

· What is the proper eviction process?

A landlord must follow these steps before the tenant can be lawfully evicted:

Give the tenant a written notice of lease termination, asking the tenant to leave by a certain date.
File an eviction case in court if the tenant refuses to leave.
Get a court order of eviction from the judge, after the tenant has had a chance to be heard by the judge.
Direct the Sheriff to evict the tenant.

· What is the difference between a notice of lease termination and an eviction case?

The notice of lease termination 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 out as requested in the notice of lease termination, 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 an Eviction Summons and Complaint, which is delivered to the tenant by a process server and by mail.

Important: after receiving the Eviction Summons and Complaint, the tenant has only five (5) business days to file a written answer in court and deposit any unpaid rent in court, or he/she will be evicted.

A separate pamphlet is available from JALA on how to file an answer in court.

Under Florida law, you must deposit any unpaid rent with the court in order to get a hearing before the judge, and then you must continue to deposit your rent in court each month as it becomes due until the eviction case is resolved. 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 include in your written answer a “Motion to Determine Rent Due”. In this portion of your answer, you must state the amount of rent that is actually due and explain why. You must also attach documents that support your version of the correct amount of rent due. If your written answer includes 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.

If the tenant files a written answer in court and deposits the rent that is due, the tenant should receive a hearing before the judge to determine whether eviction is proper or not.

· Must I move out after receiving a notice of lease termination?

NO. You have the right to stay in your home until the landlord files an eviction case against you and a judge decides your case. The Sheriff may only evict you if your landlord wins the eviction case in court.

If you believe that you have not done anything to deserve eviction and that you are likely to win an eviction case, you may wish to stay and fight the eviction case in court. On the other hand, if you believe you are likely to lose an eviction case because of something you or your family members have done, you may wish to move out before any eviction case is filed against you. That decision is yours to make.

· How long does an eviction case take?

The eviction process in court will take at least l0 days from the date when you receive the Eviction Summons and Complaint, even if you do not file an answer and deposit your rent in court or take any other action to stop the eviction. For example, assume you received an Eviction Summons and Complaint on April 14, and you did not file an answer or deposit your rent in court. The judge could enter a judgment against you for eviction, attorney fees and courts costs on April 22, and the Sheriff could evict you from the home as soon as April 24. If you respond to the Eviction Summons and Complaint properly, the case will take longer because you will be entitled to be heard by the judge before he/she decides your case.

· Special note

The information in this section applies to normal landlord-tenant situations, such as the rental of a house, mobile home, or apartment. It does NOT apply to some other situations, such as occupancy in a hotel room or in a treatment facility. If you are unsure whether your situation is covered by the landlord-tenant laws discussed in this section, you should seek the advice from JALA or another landlord-tenant attorney.

2. Lockouts and Other Unlawful Actions by Landlords

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

A landlord may not:

lock you out of your rental unit by changing the locks, or otherwise interfere with your access to the rental unit;
cut off your utilities, such as water, gas, lights, etc.; or
try to prevent you from staying in your rental unit by doing such things as removing the outside doors, locks, windows, etc.

This is called “self-help eviction” and is against the law. If you successfully sue a landlord who violates this law, he or she may be liable for your actual damages or three (3) months= rent, whichever is greater, as well as your court costs and attorney fees.

Even if you are behind on rent, you have the right to stay in the rental unit unless or until the landlord completes the lawful eviction process described in the first section above.

· What can I do if my landlord tries to evict me unlawfully?

If your landlord is somewhat reasonable, you may start by asking him/her to undo the unlawful action so that you can return to the rental until the landlord follows the lawful eviction process. If this is not possible or does not work, you may wish to go straight to one of the next steps:

If your landlord has shut off your utilities, you may:

contact Jacksonville's Municipal Code Compliance Divisionby phone at 391-3600 or in person at 1801 Art Museum Drive, Building 3500, Suite 200 and ask them to contact your landlord and explain that his/her action is illegal and violates the Jacksonville Housing Code;
contact your utility company and ask them to turn the utilities back on in your name (you may be required to pay a deposit and service charge); and
file a lawsuit against your landlord (see more information on this step below).

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

you have proof with you that shows you live in the rental unit (to prevent the police from arresting you for breaking in); and
you can re-enter the rental unit safely. Some landlords threaten to beat or shoot tenants who are breaking in. DO NOT RISK YOUR SAFETY OR YOUR FAMILY'S SAFETY IF YOU ARE THREATENED.

Note: this information on re-entering the rental unit does NOT apply if:

your situation is not governed by landlord-tenant laws (for example, if you were staying in a hotel or treatment facility);
a judge has ordered you evicted and the sheriff has come to evict you; or
the landlord did not know you were living there (do not break into a place you were not renting from the landlord)

· Suing your landlord

If your landlord has violated the law by locking you out, shutting off your utilities, or doing one of the other illegal things listed above, you may sue the landlord in court for compensation and for an injunction allowing you to re-enter and remain in the rental unit until the landlord completes the lawful eviction process. If your landlord violated the law by taking your personal belongings from the rental unit and/or denying you access to your belongings, you may also ask the judge for an order requiring your landlord to return your belongings. This type of claim is called a “replevin” claim, and it can be filed as a separate claim in the same lawsuit as your claim for compensation.

If you sue your landlord, you should state in your complaint that you are suing under Section 83.67 of the Florida Statutes and specify whether you are seeking money, an injunction, an order of “replevin”, or all of those things. As stated above, you may sue for the actual amount of damages you suffered (for example, refrigerated food that spoiled or electronic medical equipment that was ruined when the power was shut off) or three (3) months= rent, whichever is greater, as well as your court costs and attorney fees (if you have an attorney). If you landlord committed more than one violation of the law, you may recover a separate award of compensation for each of his/her violations.

If the total amount of compensation you are seeking from your landlord is $5,000 or less, you would need to file the lawsuit in Small Claims Court. If the amount you are seeking is more than $5,000 but less than $15,000, your lawsuit would need to be filed in County Court. If you are seeking more than $15,000, it would need to be filed in Circuit Court.

3. Withholding Rent from a Landlord Who Refuses to Take Care of the Rental Unit

· What is the landlord’s responsibility to the tenant?

Section 83.51, Florida Statutes, requires a landlord to comply with Jacksonville’s building, housing and health codes. This means:

The roof must not leak;
The walls must be weather-tight, and in good repair;
The stairs must be safe for normal use and maintained in good repair;
Windows and doors must be basically weather-tight, water tight, rodent-proof, and kept in sound working condition, and outside doors must have proper locks;
Window panes cannot have cracks and holes, and outside windows must have screens;
Inside floors, walls, ceilings must be basically rodent-proof and kept in sound condition and good repair, and should be safe;
The house or apartment must have hot water, which is connected to the kitchen and bathroom sinks, tub or shower;
All houses or apartments must have a flush toilet in good working condition;
When cooking and heating equipment are provided by the landlord, they must be safely installed and in good working order;
There must be adequate garbage disposal facilities or garbage storage containers;
Every habitable room must have at least two separate floor or wall electric outlets and, additionally, every kitchen, bedroom, bathroom and hallway must have a ceiling or wall-type fixture, or an outlet controlled by a wall switch near the entrance to the room; and
All electrical systems must be in good repair and good working order.

IMPORTANT NOTES:

A landlord is NOT responsible for damages created by the negligence or wrongful act of the tenant, the tenant’s family, or a person who is on the property with the tenant’s consent.
If you live in a rental house or duplex (not an apartment) and you have a written lease agreement, your landlord’s obligations may be different than what is listed above. If you live in a house or duplex, it is very important for you to read your lease because it may require you, the tenant, to make any repairs that are needed during the term of your lease. (Whereas, if you live in an apartment, the landlord may not shift his/her responsibilities to you in the lease.)
If you are on the Section 8 Voucher Program and the Jacksonville Housing Authority pays a portion of your rent, you should notify your Section 8 caseworker of any problems you encounter in your rental home. The Housing Authority has its own property inspectors and procedures for making a landlord comply with Section 8 property standards, and you should use those procedures before considering withholding your rent from your landlord.

· What is the tenant’s responsibility to the landlord?

Section 83.51, Florida Statutes, requires a tenant to comply with Jacksonville’s building, housing and health codes. This means that the tenant must:

Keep the house or apartment in a clean and sanitary manner;
Remove all garbage from the house or apartment in a clean and sanitary manner (for example, use garbage cans);
Keep all plumbing fixtures in the house or apartment used by the tenant in a clean and sanitary manner and in good repair;
Properly use and operate all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, which are in the apartment or house;
Not destroy, damage or in any way misuse the property itself (or allow any guest to destroy or damage the property);
Not remove anything from the house or apartment which does not belong to the tenant (for example, cannot remove light fixture which was in the property when tenant moved in); and
Conduct him/herself and require all guests to conduct themselves in a way that does not disturb the peace.

· What can I do if my landlord will not fix things which are his/her responsibility?

If there are problems in your rental home, you should notify your landlord in writing of the problems and ask him/her to fix those problems. If your landlord refuses or fails to fix problems that are his/her responsibility, and if the problems are serious (not just a minor annoyance or inconvenience), then you may consider withholding your rent payments until the problems are fixed. BUT YOU MUST BE VERY CAREFUL TO DO EXACTLY WHAT THE LAW REQUIRES FOR A PROPER RENT WITHHOLDING! THE LAW REQUIRES YOU TO SEND YOUR LANDLORD A LETTER AND GIVE HIM/HER 7 DAYS TO MAKE THE REPAIRS BEFORE YOU START WITHHOLDING YOUR RENT (more information on this below).

Under Florida law, you cannot simply pay to have the repairs made yourself and then
deduct that cost from your rent payment.

· How do I properly withhold my rent so that I am protected by the law?

If you are going to begin withholding your rent, the following steps are recommended:

Make a complaint to Jacksonville’s Municipal Code Compliance Division and ask them to inspect your property to check for code violations. You may call them at (904) 391-3600. Alternatively, you may call 630-CITY (630-2489) to make your complaint and get a confirmation number; then your complaint will be forwarded to the Municipal Code Compliance Division.
Make a list of all the problems in your rental home that are your landlord’s responsibility (for example, the plumbing is not working, the roof is leaking, etc.). If your home is inspected by the Municipal Code Compliance Division, you should request a copy of the inspection report because it will list any code violations found by the inspector.
Write your landlord a letter like this:

[date]

Re: Repairs needed at [your address]

Dear [landlord’s name],

Pursuant to Section 83.60, Florida Statutes, I am notifying you of your material noncompliance with Section 83.51, Florida Statutes, and the Jacksonville Property Safety and Maintenance Code. The property I am renting from you at [your address] has the following problems:

[list the problems and the repairs that are needed, or refer to a list that you are attaching to your letter].

If the listed repairs are not made within 7 days after delivery of this notice, I will not pay rent because of your failure to maintain the property, and I will continue to withhold my rent until the repairs are made.

Sincerely,

[sign your name]
[print your name and your address]

If you have a copy of the Municipal Code Compliance Division’s inspection report, or if you made a separate list of the repairs that are needed, attach that to your letter.
Make a copy of your letter to keep for yourself. (This is important because you may need to use your copy as evidence in court if a dispute arises.)
Deliver the letter to your landlord, in person or by mail, at least seven (7) days before your next rent payment is due. If you mail the letter, it is best to send it by certified mail, return receipt requested, so that you have proof of mailing.
YOU MUST SAVE THE RENT MONEY THAT YOU ARE WITHHOLDING. KEEP IT IN A SAFE PLACE AND DO NOT SPEND IT. This step is very important because if your landlord comes and fixes the problems right away, you will need to pay the rent; or, if your landlord files an eviction case against you, you will have to deposit your rent money with the court in order to defend the eviction case.

If your landlord eventually fixes the problems, but only after you have lawfully withheld the rent for a while, you may negotiate with your landlord and pay a reduced amount of rent for the time when the problems existed.

· Can my landlord evict me for withholding my rent?

If your landlord fails to maintain the property as required by law and you give him/her a proper 7-day notice before starting to withhold rent, you will have a defense in the event your landlord tries to evict you for not paying the rent. Also, under Florida law, it is unlawful for a landlord to evict a tenant in retaliation for the tenant’s legitimate complaints about code violations or other problems which are the landlord’s responsibility.

Your landlord might file an eviction case against you for withholding your rent, but if you have properly withheld your rent after giving your landlord a 7-day notice like the sample letter above, and if you follow the proper steps for responding to the eviction claim, then it should be very difficult for your landlord to win the eviction case.

· If the landlord tries to evict me, what should I do?

If you receive an Eviction Summons from the court, you will need to read it carefully because it will list the things you are required to do. (See section 1 above.) You will be required to file a written answer in court which responds to your landlord’s eviction claim and explains why you withheld your rent. You will also be required to deposit with the court all the rent that has not been paid to your landlord. It is a good idea to attach to your answer a copy of the 7-day rent withholding notice you sent to your landlord. IF YOU DO NOT FILE AN ANSWER AND DEPOSIT YOUR RENT IN COURT WITHIN 5 DAYS AFTER BEING SERVED WITH THE EVICTION SUMMONS, YOU MAY BE EVICTED WITHOUT THE RIGHT TO A HEARING.

Once you file your answer and deposit your rent in court, you will wait to receive a notice of your court date. When you go to court, you should take with you:

your lease (if you have one);
pictures of the problems in your home and/or witnesses who have seen the problems;
a copy of the 7-day rent withholding notice you sent to your landlord; and
any other documents relating to the problems in your home.

You will need to use these things and any other evidence you have to show the judge that you lawfully withheld your rent and should not be evicted.

4. 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; and
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 or repeated violations of their lease or for other good cause. Failure to pay rent, repeated damages caused by the tenant, or interfering with the rights of other tenants could all be reasons for eviction. A tenant will know the public housing authority is starting the eviction process 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 as a result of its 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 action or failure to act. In Jacksonville, your grievance will be heard by the public housing tenant advisory council grievance panel. In Baker or 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 still have the right to appear in court before a judge to challenge the public housing authority's effort to evict you (see section 1 above regarding the eviction process).

· 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.

· Public housing contact information

Duval County:
Jacksonville Housing Authority
1300 Broad Street
Jacksonville, FL
(904) 630-3810

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

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

5. How to Find Affordable Housing

If you are looking for rental housing, there are a couple of places where 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 and managed by JHA.

Section 8 Voucher Program
This 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. The rent is roughly equal to 30% of the tenant’s monthly income. To find out more, or to apply, you may call JHA at 904-630-3810, or visit their office at 1300 Broad Street.

Another affordable housing option is a HUD-subsidized apartment. 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 an amount that is roughly equal to 30% of his/her monthly income. To find a list of HUD-subsidized apartments in your area, you may go to www.hud.gov

6. Quest

· What is Quest?

Quest is a program designed to serve anyone who is homeless in Jacksonville. If you are homeless, Quest staff may be able to help you obtain housing, medical care, food stamps, and other important services. Sometimes the pressure of homelessness may appear overwhelming. Quest offers help and 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
application assistance to help with filing for social security, city welfare, food stamps and other public benefits
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 or approaching 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!

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.

7. Local Resources

(This information changes from time to time, and may not always be updated here. A more extensive and updated list of local resources is available at JALA.)

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

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

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

Mental Health Services
Link Program/MBRC
358-2411
305 North Washington Street

Mental Health Resource Center
642-9100
11820 Beach Boulevard

City Rescue Mission (New Life Inn)
387-4357
234 West State Street

Hubbard House
354-3114 or 1-800-500-1119
(Emergency shelter for abused women and children only)

Salvation Army
356-8641
900 West Adams Street

Trinity Mission
355-1205
622 West Union Street