Crime Victims Cannot Be Evicted By Landlord For Being Victims

It is a sad and all too common story to hear of victims of abuse being evicted from their homes, either because of noise complaints or because law enforcement are called to the property ‘too many times’ for the landlord’s liking. A law that took effect on July 1, 2026 grants more protection to victims of domestic violence crimes.

May Terminate “Without Penalty”

Domestic violence overwhelmingly happens in the home, and when that home is being rented, it can lead to some difficult moments. A landlord may think that evicting the victim is cruel, but at the same time, they must be mindful of both their other tenants and their own rules and local laws – for example, fines for noise complaints may add up. Depending on the nature of the situation, another landlord may be more concerned about the safety of any other residents in the dwelling or the building itself.

Florida’s legislature has weighed landlord concerns against the safety of victims in this situation, and the resulting law is a step up for victim protection. Florida Statute Sec. 83.676 states unequivocally that a person who is a victim of domestic violence, dating violence or stalking “during the term of a rental agreement, the tenant, without penalty,” can terminate that rental agreement. You as the landlord cannot refuse, and while the tenant must provide evidence of their being a victim, you cannot take any punitive action against them like charging move-out fees or similar behavior.

A Quick Departure

While this law gives much more deference to the real danger abuse victims are in, it does grant concessions to protect landlords as well. The termination is considered effective as soon as the tenant provides proof of their status (for example, a copy of a domestic violence injunction or a police report), meaning that they can leave immediately. However, the tenant is still responsible for rent until the termination date, and if they have caused any damage to the dwelling beyond regular wear and tear, you are still able to charge them accordingly.

One thing for a landlord to keep in mind is that unless the tenant handles the issue themselves, it is your responsibility to change the locks under 83.676 – and to do so urgently if there is a co-tenant still on the lease, as the perpetrator of the alleged domestic violence may return and react poorly if their victim is gone. Alternatively, if the perpetrator had keys, they will no longer be able to enter the property once their victim is gone after the locks are changed.

Contact A Tampa Landlord-Tenant Attorney

Domestic violence has always been a difficult issue for landlords, particularly those who rent more than one dwelling. If you are dealing with this type of situation and have questions about the new law, calling a Tampa landlord-tenant attorney from the Seward Law Office may be a good first step. Contact our office today at 813-252-6789 to schedule a consultation.

Source:

lsenate.gov/Session/Bill/2026/142/BillText/Filed/HTML