Did Your Landlord Try to Evict You After You Complained?
That may be illegal.
In Florida, it is against the law for a landlord to evict you — or threaten to evict you — because you exercised your rights as a tenant. This is called retaliatory eviction, and Florida Statute §83.64 gives you the right to fight it.
If your landlord responded to a complaint, a repair request, or tenant organizing by trying to remove you from your home, you may have a defense — and potentially a claim.
What Counts as Retaliation Under Florida Law?
Florida law prohibits a landlord from doing any of the following primarily because you exercised your tenant rights:
- Increasing your rent
- Reducing or cutting off services (heat, water, AC, trash pickup)
- Filing or threatening an eviction action
- Any other form of civil action against you
These protections apply when you have:
Reported to a government agency. If you contacted code enforcement, the health department, the housing authority, or any other government agency about conditions in your rental — and your landlord retaliated — that's protected activity.
Complained to your landlord. Formal complaints made under your lease agreement are also protected.
Organized with other tenants. If you participated in, encouraged, or organized a tenants' association or similar group, your landlord cannot legally punish you for it.
What Retaliatory Eviction Looks Like in Real Life
Retaliation isn't always obvious. Here are situations we see at this office:
- You call code enforcement about a mold problem. Two weeks later, your landlord sends a notice to vacate.
- You organize tenants in your building to demand repairs. Suddenly your rent "increases" above what your lease allows.
- You withhold rent through the proper legal process because of habitability issues. Your landlord files for eviction citing "non-payment" even though you paid into the court registry.
- You contact the health department about pest infestation. Your landlord claims you violated your lease.
The timing matters. If your landlord's action comes shortly after protected activity, that's evidence of retaliation — and Florida courts take that seriously.
How Do You Raise a Retaliation Defense?
If your landlord files for eviction, you can raise retaliatory conduct as a legal defense in court. This is outlined in Florida Statute §83.64.
To use this defense, you must:
- Have acted in good faith when you made the complaint or exercised your rights
- Be able to show the landlord's action was motivated primarily by retaliation, not a legitimate reason
- Document the protected activity and the timing of the landlord's response
Your landlord can defeat this defense by proving there is good cause for the eviction — for example, genuine, documented non-payment of rent that has nothing to do with your complaint.
This is why documentation matters from day one.
Retaliation Is a Serious Matter — And You Shouldn't Face It Alone
Retaliatory eviction cases require knowing how to connect the dots: the complaint, the timeline, the landlord's response, and the legal standard. One misstep in court — like failing to assert the defense properly — can cost you your home.
At the Law Offices of Debi V. Rumph, we work exclusively on behalf of Florida tenants. We have helped tenants use retaliation as a defense and, in some cases, as the basis for a counterclaim.
If you think your landlord is punishing you for speaking up, contact us. We'll review what happened and tell you exactly what your options are.
Talk to Debi — Schedule Your Strategy Session →
FAQ: Retaliatory Eviction in Florida
Can my landlord evict me for calling code enforcement?
It is illegal under Florida Statute §83.64 for a landlord to evict you primarily because you reported a code violation to a government agency. If the eviction is filed shortly after your complaint, you may be able to raise retaliation as a defense in court.
How do I prove retaliatory eviction in Florida?
Document everything: the date of your complaint, who you contacted, any response from your landlord, and the timing of any eviction notice or rent increase. Proximity in time between protected activity and landlord retaliation is key evidence.
Can I sue my landlord for retaliatory eviction in Florida?
In some cases, yes. Retaliation can be raised as a defense to eviction and potentially as the basis for a counterclaim. An attorney can evaluate your specific situation.
What is the difference between retaliation and a legitimate eviction?
A landlord can still evict you for good cause — genuine non-payment, documented lease violations — even after you filed a complaint. The issue is whether the eviction is primarily motivated by retaliation, not whether there's any legitimate reason at all.
