Saint Petersburg, FL asked in Landlord - Tenant for Florida

Q: My tenant is threatening to expose me if I tried to evict her for late payment and non payment of rent what can I do ?

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1 Lawyer Answer
Michael  Mayoral
Michael Mayoral
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: Blackmail (or Extortion) is illegal in Florida. It is a second degree felony punishable by up to 15 years in prison. Florida's Blackmail statute reads as follows:

836.05 Threats; extortion.—Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

You should hire an attorney to handle the eviction. You may be able to evict for reasons other than "late payment" or "non payment" or rent if that is your concern. For instance, if the term of the lease is up, you can serve them with a non-renewal notice and proceed accordingly.

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