OO 11-08 Landlord Tenant Dispute Flashcards
The purpose of this order is to establish procedures to properly handle disputes between landlords and tenants. Landlord and tenant disputes are usually ____ matters. As with other civil disputes, the role of the Police Officer is to keep the peace, not to attempt to settle the civil dispute.
**civil **
Chapter 83, Florida Statues establishes the rights and responsibilities of both _____ and _______ and contains procedures for processing an eviction. The procedures for evictions are extremely specific and must be followed very closely. Officers should refer persons with questions about evictions to the Clerk of the Court. The civil process section can also answer questions regarding evictions (630-2141, Room 219, Police Memorial Building).
tenants and landlords
The beat officer should rarely be involved in an eviction and then only when requested at the scene by an officer from the ___________ Unit of the Civil Process Section. All legally authorized evictions are handled through this section. If an officer from this section is not at the scene with the court order, the patrol officer shall not enforce an eviction.
Enforceable Writs
The only provision made in the statutes for a police officer to forcibly eject an occupant of a dwelling without a court order is in the case of a ______ _____. The fact that the “Guest” is staying in a motel or hotel does not necessarily make that person a _________.
temporary guest
If a motel/hotel manager or landlord requests an officer to evict an ________ (as defined) by Florida Statute 509.141(1), the officer cannot become involved unless the guest is in fact a temporary guest.
undesirable guest
Indications that the guest is not a temporary guest include such factors as:
1. The premises are the guest’s only residence;
2. The guest receives mail at that address; and
3. The guest has that address on a driver’s license or other identification.
If it appears that the occupant is not a temporary guest, formal legal eviction proceedings must be used. The Enforceable Writs Unit of the _____ ______ Section will enforce all such evictions.
Civil Process
The guest may be ejected if all of the following criteria are met. The temporary guest:
1. Is in fact a transient;
2. Has been asked to leave;
3. Has been refunded any unused rental already paid; and
4. Still refuses to leave.
If the criteria in section II, D above has been met the temporary guest may be ejected. If the operator of the establishment makes such a request, and a violation of F.S. 509.141(3) occurs in the officers presence, the temporary guest shall be arrested (or issued a misdemeanor citation) for violation of F.S. 509.141(1). If an arrest is made, officers must list the ______ name as the complainant.
operators
Lockouts by a landlord, even when unjustified, are civil matters over which the officer has no authority unless the situation involves property which is essential to the health of the tenant (medication, wheelchair, etc.). The only relief for the tenant
or guest is through the court system except in the following situations:
1. The officer may assist a tenant or guest in obtaining property which is essential to the health of the tenant or guest if no other means are
available to obtain replacements;
2. If the landlord cannot be located or refuses to allow the tenant or guest access to the premises to obtain such essential property, the officer should
direct the tenant or guest to any local social service agency that can provide the necessary assistance; and
3. If such assistance is not available and the property is absolutely essential to the health of the tenant, the officer may forcibly enter the premises to obtain the property.
Per the Incident Notification Directive, if an officer damages any property and there is a personal injury involved, the ___ ______ ______ shall be notified.
**City Insurance Adjuster **
