Unlawful Detention in Driveway

[markk1pe]

My question involves criminal law for the state of: Florida

On July 3rd I received a call from my former neighbor telling me that the rental home I own across the street from him appears to have been abandoned. He stated he hadn't seen any cars or activity for over 2 weeks. So I dialed the tenants phone and found it had been disconnected.
When I drove over there I looked though the decorative glass on the front door and I could see that the furniture had been moved out. A landlord has a right to enter his property in Florida in an emergency to protect and preserve his property.
My lease also has a clause in it that says if a substantial amount of furniture is removed that the property is considered abandoned and that I can move anything left inside to the curb and change locks.
So that is what I proceeded to do. The place was a mess and dirty dishes were piled up in the sink with food dried onto them and the house stunk and roaches and flies were all over the place. I put the dishes in a box and placed them on the side of the road.

A few hours passed while I am trying to clean up the mess left behind when the door flies open and the tenant bursts in and loudly demands "Don't try to leave, I am calling the police on your for breaking and entry. I have your car blocked so don't try to get out.” The phone had already been disconnected and removed so I told him, I'll call the police for you.
I walked outside but I could not leave because my car was blocked in. After about 10 or 15 minutes the police did show up. The tenant told the officer that the neighbor across the street had called him (apparently she knew his new number) and that he had blocked my car to prevent me from leaving until the police arrived.
After hearing both our stories the officer told me he would not charge me because I was only removing his property to the side of the road as allowed by FL Law (FS 83) under the good faith assumption that he had abandoned the property. However, he said that since the tenant had returned and claimed he had not moved out yet, I would have to leave.
Then he admonished the tenant for blocking me on purpose and directed the tenant to move his car so that I could leave. He moved his car and I left.
Can I charge the tenant with unlawful detention? Blocking my car and ordering me not to leave seems to meet the definition. I'm really frustrated because all he did was remove the rest of his valuables, and then left all the trash and junk (old shoes and clothes, broken things, etc.) behind and left that same day, but he still has not relinquished the house to me and does not reply to letters. The police told me I'd have to evict him.
I had to pay for the eviction and process all the paperwork and that is coursing its way through the system but since he gave no forwarding address I doubt I can collect my court costs back from him. The neighbor told me he told them what city he was moving to, nearby. I have his car tag number.

He did this for spite, after moving out in the middle of the night without giving me a notice. I want justice.

[shelbydakota]

He did not unlawfully detain you because he did not necessarily keep you from leaving. Not only do you have legs in which to move, but nowhere in your post does it say he held you at gunpoint, threatened your family, threatened you. He just told you to stay. You could have left. And if you would have had to evict him at a later date, you would've paid the cost either way. You are the one trying to do something for spite. Maybe he moved because the house was no good, maybe he moved because he could not afford the rent. I don't know, I wasn't there and you didn't give any info about it.

[markk1pe]

Are you an attorney? He does not have to hold a gun on me. In a Louisiana case, a pharmacist and his pharmacy were found liable by a trial court for false imprisonment. They stalled for time and instructed a patient to wait while simultaneously and without the patient's knowledge calling the police.
I am not required to walk away from my car either. What would you have me do, walk 10 miles to my house? Of course I was threatened, he shouted at me and told me I could not leave, in my face. I'm 5'4" mid 50's, he's 6' and early 30's. Do I have to spell it out? I was trying to keep my post brief.
There is a difference between him doing something for spite, with no reason, and me wanting justice, for having been threatened and detained. All he needed to do was tell me calmly that he was not yet done moving and I would have left.

It matters not why he wanted to move out, he had a lease that was not up. Also he is required BY LAW to notify me in advance before moving out. If he had any problems with the house, he is required to notify the landlord in writing and allow 7 days for response/repairs. If he had money problems, he could have called me and discussed it. He did neither.

[viol8te]

I hear your argument, but that was in Louisiana. The same specifics may not apply to your situation. Shelby is right for saying that you had ways of leaving. He told you not to leave. Technically, that is not a threat. It was harsh and threatening because of the size difference. But no specific threat was made regarding what would happen if you did leave. He allowed you to call the police as well. You can take the issue to the police, but I think that it may be a lost cause.

[aardvarc]

If the responding officer didn't find reason to charge him with false imprisonment, then it's highly unlikely a prosecutor would do so after the fact. Police have the ability to exercise discretion, and unless you were somehow obviously physically threatened (ie assault, in Florida) or your detention while waiting for police to arrive was accomplished via threats or physical means, you can count on the DA to roll their eyes and let the matter drop since BOTH sides had issue with each other - and the issue was ultimately resolved rather quickly; the officer reprimanded him and you were able to leave without incident - most prosecutors are going to be ok with that; especially given that the person involved was the one who summoned police to the scene - that tends to make juries feel that there was no criminal intent. You are of course free to pursue the issue via the state attorney's office, but unless they just don't have any other cases pending (and most of our counties are overwhelmed with FELONY cases), I wouldn't count on criminal charges resulting.

I'm really frustrated because all he did was remove the rest of his valuables, and then left all the trash and junk (old shoes and clothes, broken things, etc.) behind and left that same day,

The very unfair and annoying side of being a landlord, and one of the biggest reasons people become EX landlords.

but he still has not relinquished the house to me and does not reply to letters. The police told me I'd have to evict him.

That's right. You need to follow the eviction process, including giving him proper service of notice - and if he doesn't respond (as his history would suggest), then the eviction should go quickly and smoothly in your favor. Once you've got that order from the court in hand, THEN you've got the sheriff's office (who is the law enforcement arm of the courts) on your side to do things like take possession of the property, have him stuff forceably removed if he's there, and to do things like change the locks to prevent any further access.

I had to pay for the eviction and process all the paperwork and that is coursing its way through the system but since he gave no forwarding address I doubt I can collect my court costs back from him. The neighbor told me he told them what city he was moving to, nearby. I have his car tag number.

If it's worth the time and money to you, you can sue him not only for any damages to your property above and beyond any security deposit, but also for court costs, etc. The tricky part is that even WITH a full judgement in hand for the entire amount you ask for, you still have the challenge of collecting on that judgement, which will take a lot MORE time and effort (and money, if you need to use an attorney, private investigator, or both). So the bottom line is that you'll have to try to evaluate how much time and effort justice will COST, and whether it's worth it.

[That Guy]

On July 3rd I received a call from my former neighbor telling me that the rental home I own across the street from him appears to have been abandoned. He stated he hadn't seen any cars or activity for over 2 weeks.

So did you ever find out how long he'd been gone for or you simply took the neighbor's word that since "he hadn't seen any activity for over 2 weeks", that he's been gone for over 2 weeks? Other than that, I don't see how a disconnected phone would imply a specific period that he'd been gone for!

Also, I don't see how moving his stuff out first and then changing the locks would serve the purpose of "protect or preserve" which by law, allows you the unrestricted access you're claiming.

Can I charge the tenant with unlawful detention?

"You" can't charge him with anything. You can discuss the matter with the district attorney's office, they will review the facts and make the decision as to whether it would be proper to bring any charges forth against him!

He did this for spite, after moving out in the middle of the night without giving me a notice. I want justice.

He did this out of spite for "what" exactly?

I want justice.

And justice may not come in the way of criminal charges, unless he's ordered to pay restitution as part of any sentence. Though I am not sure one can make the connection between a criminal charge for unlawfully detaining you and the amount of rent still due on his lease. You may have to treat that as a separate civil matter, but even if/when you're able to win that, it does not automatically mean that you can immediately collect. Winning a judgment and collecting on a judgment are two different ballgames!

Incidentally, how much more time (how many months) is he still under the terms of the lease?

[aaron]

You are confusing two different types of "unlawful detention" - the type that can support a civil claim and the type that will support a criminal charge. Florida's false imprisonment criminal statute provides, "The term 'false imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." I think it's a stretch to argue that, "Don't leave, I'm calling the police" would violate that statute, even if your car was blocked. If you believe you can prove a civil case and that your tenant has money to pay a judgment, you do have the option of suing him. As was noted, you can also attempt to persuade the prosecutor's office to prosecute the case.

[markk1pe]

Thanks very much to AARDVARC. Your response was concise and informative.

So did you ever find out how long he'd been gone for or you simply took the neighbor's word that since "he hadn't seen any activity for over 2 weeks", that he's been gone for over 2 weeks? Other than that, I don't see how a disconnected phone would imply a specific period that he'd been gone for!

Also, I don't see how moving his stuff out first and then changing the locks would serve the purpose of "protect or preserve" which by law, allows you the unrestricted access you're claiming.

As I mentioned, I spoke with another neighbor (not the one that called me nor the one that called him). She told me the town they moved to, I didn't say earlier but she put the day at Thursday 2 weeks prior and it was a Sunday, 17 days total. The furniture was moved out. Our lease contains a clause that if a significant amount of furniture is moved out without any notification, the house is considered abandoned.

The protect and preserve has to do with a pile of dirty dishes and food left out (cupcakes, fast food bags with left overs, food on the dishes etc.) in the kitchen. There were roaches and ants crawling all over them and flies buzzing around. Not knowing when they would return, I had concerns regarding infestation by all 3 type pests. All I was doing was putting the dirty dishes and food by the curb side. I was not changing locks.

He did this out of spite for "what" exactly?

Who knows? He never said or wrote anything to me about any issues. He always let his girl deal with things. Why did he move out in the middle of the night without giving notice or forwarding address; essentially abandoning his deposit? Maybe he was upset because I questioned his live in girlfriend when she told me the rent would be late again for the 3rd time because she changed jobs again. I asked her why he didn't help and she said he lost his job as a construction worker a year + ago. So I told her my son got a job in fast food during the day and delivering pizza at night when he came home for summer and made more than minimum wage at both. He was insulted, he said those jobs were beneath him. So he's letting her pay all the bills while he plays his drums all day and goes out with his buddies at night while she watches his kids.

And justice may not come in the way of criminal charges, unless he's ordered to pay restitution as part of any sentence. Though I am not sure one can make the connection between a criminal charge for unlawfully detaining you and the amount of rent still due on his lease. You may have to treat that as a separate civil matter, but even if/when you're able to win that, it does not automatically mean that you can immediately collect. Winning a judgment and collecting on a judgment are two different ballgames!

Incidentally, how much more time (how many months) is he still under the terms of the lease?

I totally understand the lease is a separate matter and I understand about collecting the judgement. He drives a nice 2008 Pontiac and he is not HoH.

The lease is over on July 31, end of this month. The eviction (Count I) is already in default, just waiting for the judge to sign it (and the clerk to get it to him). I need to start another thread on the Count II.

I think I understand from this thread that the time has already passed for the detention or false imprisonment issue and I should have asked the officer to press charges at the time the incident occurred.

Thanks to everyone for your comments. Sometimes its just good to put your frustration in writing to get it out of your system.