Florida Statutes for Eviction of Disabled People

By Jessica McElrath

Florida law does not provide disabled tenants with any eviction rights beyond those possessed by other tenants. A landlord, however, cannot evict a tenant because he is disabled. This violates the Florida Fair Housing Act and the federal Americans with Disabilities Act. A landlord can only evict a tenant under certain circumstances and must follow specific procedures.

Discrimination

The Florida Fair Housing Act and the Americans with Disabilities Act prohibit a landlord from rejecting a tenant because he is disabled. It is unlawful to deny a rental to a person because he is disabled or to discriminate against a disabled person in terms, conditions or privileges. A landlord also must allow a handicapped tenant to make reasonable modifications to the premises.

Reasons for Eviction

A landlord can evict a tenant for a variety of reasons, including failure to pay rent; staying beyond the term of the lease; or materially breaching a term in the lease. A tenant's disability is not a lawful reason for removal.

Complaint

To remove a tenant, including one who is disabled, a landlord must file a complaint with the court in the county where the property is located. The complaint has to state the reason for the legal action and must be given to the tenant by mail or in-person. The complaint must state the facts that support the request for removal and include a description of the premises.

Removal

If the court rules in favor of the landlord, he has the right to evict the tenant from the premises. The clerk of the court will give a writ to the sheriff ordering him to remove the tenant. The tenant has 24 hours to move out.

About the Author

Jessica McElrath has been a freelance writer since 2000. McElrath is the author of "The Everything John F. Kennedy Book" and "The Everything Martin Luther King Jr. Book." McElrath has a Bachelor of Arts in history from the University of California at Berkeley and a Juris Doctor from Santa Clara University School of Law.