Memo 2 - Draft pt. 2
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School
St. Petersburg College *
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Course
1104
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
3
Uploaded by CorporalSeaLionMaster846
To: Professor Kristina E. Feher
From: Re: Leonard Hofstadter, Potential New Client
Statement of Assignment:
You asked me to prepare a legal
memorandum on the review of the Florida Statutes to determine
what potential defenses Mr. Hofstadter may claim.
Facts
: Leonard Hofstadter rented a furnished 1-bedroom from
Sheldon Cooper. Mr. Hofstadter paid his first month’s rent and
moved in. Just before the second month’s rent was due, Mr.
Hofstadter and his girlfriend called Mr. Cooper on separate occasions
to report that they had been in a domestic dispute and blamed each
other for damage done to the property. Mr. Cooper went to survey
the damages and was horrified with the conditions. He changed the
locks, preventing Mr. Hofstadter further access to the premises.
Issue
: Under Fla. Stat. § 83.67 does
a landlord violate a tenant’s
rights when
the landlord changes the locks to a rental prohibiting
the tenant from gaining reasonable access?
Analysis
: Mr. Leonard Hofstadter's rented a furnished 1-bedroom
apartment where a legal situation occurred under Florida Statute §
83.67(2) which prevents a landlord from changing the locks on a
premises which prevents access to the tenant. Mr. Hofstadter and
his girlfriend engaged in a domestic violence incident that caused
substantial damage to the property, which caused Mr. Sheldon to
restrict access to the premises by changing the locks. This
prevented Hofstdter from being reasonably able to enter into his
apartment resulting in him having to break a window to get back
into his home. Based on the fact that the landlord barred tenant
from reasonable access to the premises, Sheldon Cooper should be
held liable to engaging in prohibited practice. Ardell v. Milner, 166
So. 2d 714 presents a case where the right to possession collides
with the rights and defenses available to the tenant. Essentially,
the
landlord changed the locks on tenant’s doors thereby evicting the appellant.
Fla. Stat. § 83.67(2) discusses prohibitive actions of a landlord. A
landlord is prohibited from preventing a tenant from gaining
reasonable access to their unit by any means, this includes
changing the locks or using any bootlock or similar device without
the tenant’s permission. Mr. Cooper unlawfully gained access to the property without
adhering to the proper legal procedures for access. Mr. Cooper
changed the locks without providing notice to Mr. Hofstadter which
is required by Florida law. This prevented Mr. Hofstadter’s legal right
to possess the property causing him to break a window to regain
access to the premises.
In Ardell v. Milner, 166 So. 2d 714
the landlord and tenant got
into a dispute. Due to the dispute, the landlord changed the locks on
the doors, thereby evicting appellant. The court held that “in the
event of an unlawful eviction, the lessee is entitled to recover
general damages.” Wrongful evictions occur when a landlord forces
a tenant out of the leased property without following legal
procedures such as in this case. The court found that tenant was in
fact unlawfully evicted.
In our case the tenant and landlord got into a dispute of sorts
due to the fact that the landlord was unhappy with the damages
caused to the dwelling by the tenant and the tenant’s girlfriend.
Due to the landlord not following legal procedures by changing the
locks to the property, the landlord committed a wrongful eviction.
Conclusion
:
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