Army judge, while I appreciate the analogy and chuckled at the characters like BIG BOPPER, I respectfully disagree with your advice. While you seem to agree that a Landlord can't expel a Tenant via force, I assume you arrived at that conclusion because if a Landlord were to expel a Tenant via force it would be illegal. So if you acknowledge that the Landlord's actions are considered illegal in this instance, why the Landlord's clause in the lease is not illegal?
If everybody takes your advice, nobody would ever stand up against a landlord for what is right. What is happening in this lease is that the Landlord has written a clause that is against Florida Law. The Landlord did that on purpose to scare the tenant. The only way for the court to find out about it, is if the Landlord files an eviction lawsuit. Would you like to live in an apartment with a lease that has a clause like the one in the original posting. Is your answer to leave and go find another apartment?
The legal rights we enjoy today is because countless of ordinary citizens before us stood up for what is right. If we keep turning a blind eye, I won't be surprised if Landlords keep adding to the lease clause in question additional illegal ideas that they can come up with if a Tenant is behind the rent. Maybe having the Tenant's wife spend a night with the Landlord can be added. How egregious a lease clause has to be for someone to take a stance?
I would have appreciated if you or someone else had answered the question regarding the police. That is, how do I convince the Police that the Landlord is breaking the Law if the landlord proceeds without a court order? And here is some irony. What if the Landlord calls the Police, shows the Police the lease clause, and asks the Police to expel the Tenant. What if the Policeman is a novice and believes that the lease clause is legal?
I hope a law enforcement person, or any person who has knowledge or experience in this matter will respond to the above questions.
Thank you
Why did you seek information?
It seems YOU have it all figured out.
Now, here's what you fail to recognize, so I'll school YOU, because I'm feeling benevolent.
The landlord can put any ridiculous clause he or she wants into a lease.
Some people might refuse to sign the lease.
Other people MIGHT sign the lease, not knowing or caring what the clause means.
Let's say the clause is the one which you asked about.
The law protects dummies, idiots, the unknowing, the uncaring, and even the weak minded among us, SOMETIMES.
However, such protection is only offered when the matter is brought before the proper forum in the correct jurisdiction (situs) of the area where the dispute or violation occurred.
The police don't involve themselves in civil matters.
Why?
Because the authority of police agencies is grounded in the criminal law.
Any clause in a lease that violates state law is null and void, EVEN if an unknowing, weak minded, IDIOT signs the lease.
The lease won't be declared void, simply the provisions(s) in conflict with state statute.
However, my admonishment, your remedy if the landlord tries to enforce his or er illegal clause lies in a court somewhere within your state.
State law in Florida says, your landlord must give you 12 hours' notice to enter property you are renting(Fla. Sta. Ann. § 83.53).
If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered "constructively evicted," this would usually justify you breaking the lease without further rental obligation.
The police DON'T get involved in civil matters.
If the criminal law is violated by one or both parties, or the peace is disturbed, the police will act.
The time to balk at any clause of a lease YOU, as the tenant find illegal, don't sigh the lease.
Despite your protestations, the law isn't concerned in civil matters until the case is brought before the proper court.
Again, the police are only concerned if the peace and quiet of the community is disturbed, or the criminal law is violated.
