When disputes arise between landlords and tenants over property removal, the difference between what is inside the rental unit and what is located outside can determine whether a landlord is exposed to liability. A Florida appellate court made an important ruling that limits the reach of F.S. 83.67(5) to property located within the dwelling unit’s interior. This decision not only protected the landlord from penalties and attorney’s fees but also provided clear guidance for all Florida landlords on how and when they can lawfully remove vehicles, boats, and other exterior property without violating the statute.
Case Background
In Chung v. Hurley, 22 Fla. L. Weekly Supp. 533d (Broward Cnty. 2014), landlord Hedelisa Chung towed three vehicles (two cars and a boat) belonging to her tenant, Tina Hurley, from the leased property.
The vehicles were stored outside the tenant’s residence, on the grounds of the property. The tenant claimed that this violated F.S. 83.67(5), which prohibits a landlord from removing a tenant’s personal property from the dwelling unit except in specific situations. The trial court sided with the tenant, found a violation, and awarded attorney’s fees and costs. The landlord appealed that decision.
Key Legal Issue
To decide the issue, the appellate court had do interpret and apply F.S. 83.67(5), which states:
A landlord of any dwelling unit governed by this part shall not remove the outside doors, locks, roof, walls, or windows of the unit … and the landlord shall not remove the tenant’s personal property from the dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant, or a lawful eviction.
Does “dwelling unit” include property stored outside of the home, such as cars, boats, or equipment?
Court’s Ruling
The appellate court reversed the trial court, ruling:
- “Dwelling unit” has a narrow meaning. Under F.S. 83.43(2), it refers to the structure or part of a structure rented for living or sleeping purposes.
- “Premises” is broader. Under F.S. 83.43(5), it includes the dwelling unit plus the grounds, parking areas, and facilities.
- F.S. 83.67 applies only to property inside the dwelling unit. Because the vehicles were outside, their removal was not a statutory violation.
- Attorney’s fees were not recoverable. The lease did not contain a prevailing-party attorney’s fee clause, and the landlord did not violate the statute.
The court’s decision protected the landlord from liability and reversed both the finding of violation and the attorney’s fee award.
Why This Case Matters for Landlords
- Clarifies the Scope of F.S. 83.67. Many landlords worry that removing any tenant property before formal eviction could trigger a violation. This ruling confirms that F.S. 83.67(5) is limited to inside-the-dwelling property. Vehicles, boats, and equipment stored outside are not protected by this section.
- Protects Against Overreach. Tenants sometimes use F.S. 83.67 as a weapon to claim damages or attorney’s fees when a landlord acts against exterior property. This case makes clear that such claims will fail if the property was outside the unit.
- Confirms the Importance of Lease Drafting. Without a prevailing-party attorney’s fee clause, landlords cannot recover fees even when they win. This case shows why attorney’s fee provisions should be included in every lease.
Practical Examples for Landlords
- Example 1: Abandoned Car in the Driveway. A tenant vacates but leaves a non-functioning vehicle in the driveway. The landlord has it towed in compliance with local towing laws. Under Chung, this is not a violation of F.S. 83.67 because the vehicle is not “inside” the dwelling unit.
- Example 2: Unauthorized Boat in the Yard. A lease prohibits storing boats on the property. The tenant ignores this rule and stores a large boat in the side yard. The landlord issues a lease violation notice, and when the tenant fails to remove it, the landlord arranges towing. Again, under Chung, this is outside the dwelling unit and not covered by F.S. 83.67.
- Example 3: Exterior Appliances. A tenant leaves a refrigerator and washer/dryer under a carport after moving out. The landlord removes and disposes of them. Because these items are not in the interior living space, their removal is not prohibited by F.S. 83.67.
Cautions for Landlords
- Follow Towing Laws – While Chung protects landlords under F.S. 83.67, towing must comply with F.S. 715.07 (Towing Statute) and local ordinances. Failure to follow notice and signage requirements can still lead to liability.
- Document Everything – Take photos of where the property was located and keep copies of towing requests and notices.
- Use Clear Lease Terms – State where tenants may and may not store vehicles, boats, or personal property. Include authority for removal in case of violation.
- Consult with Counsel – When removing property before a lease ends or before an eviction is complete, confirm the action does not violate other statutes or contract terms.
Summary
Chung v. Hurley is a landlord-friendly decision that narrows F.S. 83.67’s reach to the interior of the dwelling unit. Landlords can take lawful action regarding vehicles and other exterior property without fear of violating this section, provided they follow towing and local laws. This case is a reminder that precision in statutory definitions—and in lease drafting—can make the difference between winning and losing in court.