Tallahassee, FL asked in Contracts for Florida

Q: As internet is not a required service, like power, sewer, & water can I shut off internet if resident doesn't pay rent?

Related Topics:
1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: There are a couple issues here. One is whether internet is a "utility service" under Fla. Statute Section 83.67(1) ("A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord."). If so, you may not turn it off, period. I'm not sure if "utility service" includes internet. Perhaps another attorney seeing your inquiry would know - or you can search for an attorney specializing in landlord-tenant law.

However, even if internet is NOT considered a utility service under the above law, I believe you would NOT be able to turn it off unless your lease specifies that you have the option to shut off the internet in the event of failure to pay rent. You made a deal with your tenant. You must live up to your end of the deal, and if he/she doesn't live up to his/her end of the deal, you may terminate the deal only by complying with the statutory eviction scheme (3-day notice, eviction suit, etc.) (or 15-day notice scheme for month-to-month tenants).

Bear in mind that if internet IS a utility service under F.S. 83.67, you can't turn it off, regardless of giving yourself that option in a lease. Under F.S. 83.47, a provision in a rental agreement is void and unenforceable to the extent that it purports to waive or preclude the rights, remedies, or requirements set forth in the landlord-tenant statutes.

Bruce Alexander Minnick agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.