Winter Evictions: Are they legally possible?

Time to say goodbye

Winter Evictions: Are they legally possible?

Dec. 13, 2019

Unfortunately, colder months do not equal hibernation for restless tenants. In fact, as a landlord, you might even be facing the possibility of a winter eviction process. Even Jacksonville experiences cooler temperatures throughout the winter months. You are probably wondering about the legalities of the possible eviction and whether you even have the right to proceed before the commencement of warmer weather.

As in any eviction situation, the steps need to be completed quickly and the property readied for a new occupant. As you already know, each day that you property is vacant is costing you money. The good news: It is absolutely NOT illegal to evict during cooler months. There is, however, a legal process which you must follow in order to complete the process properly.

Related: Eviction Process in Jacksonville, Florida



You might be interested to know that roughly 6,300 tenants are evicted on a daily basis throughout the U.S., regardless of outdoor temperatures. In fact, America is one of the few countries who do not frown on a winter eviction. However, France, for example, prohibits winter evictions. Back in American, certain exceptionally cold states such as Maryland and Illinois, will sometimes delay the eviction process during winter months, however they are legally justified in moving forward should they so choose.



Related: U.S. Continues to Challenge Landlords



As in everything, there is at least one exception to the rule and there are some factors which could put you in hot water legally if you do not take them under advisement:

  • Eviction due uninhabitable property
  • Removing tenant belonging via hired moving professionals
  • Eviction due to discrimination or retaliation
  • Forcing eviction due to the shut-off of utilities
  • Changing the locks
  • Harassment or threats

The rule of thumb: ALWAYS CONSULT LOCAL & STATE LAWS AND SPEAK WITH AN ATTORNEY.

Related: What Does Flager's Fair Housing Proposal Mean for Landlords?



An eviction process which has been correctly executed is on which follows a list of specific requirements and that which has rendered the appropriate legal notices to the tenant(s). The fact of the matter is that even the most disrespectful, rule-breaking occupant has rights which must be taken into account. Landlord are always to await the unfolding of legal proceedings rather than take matters into their own hands and must submit appropriate legal paperwork. You may not proceed with shutting down utilities of any kind unless you have received direct, written approval from the court. Always maintain detailed document of each step of the process, any and all communication with tenant, court, lawyer and all involved parties. Do not be ruled by your emotions and proceed responsibly!

For more information, contact Innovative Property Solutions today!

Innovative Property Solutions

8833 Perimeter Park Blvd Suite 301, Jacksonville, FL 32216

(904) 321-9020

Office hours:

Mon - Fri: 9:30am - 5:00pm

Sat - Sun: Closed