Sheleen G. Khan is an attorney based in Florida who has been practicing landlord-tenant law and handling eviction cases since 2003. Khan represents both landlords and tenants in eviction proceedings across the state.
Her area of specialization is evictions and landlord-tenant disputes in Florida. Khan has extensive experience with the relevant state laws and court procedures surrounding rental housing issues such as evictions, lease violations, and security deposit disputes.
In addition to her legal practice, Khan has been recognized for her pro bono work providing free legal services to those unable to afford representation. She was named among the top pro bono attorneys in Florida for her efforts to increase access to justice.
Over her two decades as an attorney in the state, Khan has built a reputation for strong advocacy for her clients, whether they are landlords or tenants facing an eviction or rental housing issue. Her legal knowledge and experience in this arena of law have made her a go-to attorney for eviction cases in Florida.
Join me as I ask Ms Khan about evictions through the lens of social justice. We discuss topics such as what assistance is in place for tenants facing eviction in the state of Florida.
Simone Dominique: Miss Sheleen Khan, thank you for speaking with me today. I appreciate your time. Can you give me a little bit of background; how long you’ve been dealing with evictions in the state of Florida?
Sheleen Khan: I was called to the bar in 2003, and I worked in various professions in criminal law practice. And then in family law, followed by personal injury. Then I moved on to contract law. And that is what I focus on now: breach of contracts, disputes, real estate closings, business, transactional, and evictions.
Simone Dominique: Thank you. What are the specific legal grounds for eviction in the state of Florida?
Sheleen Khan, Esq: Evictions are a breach of contract law. Depending on what type of lease you have, so for breach of contract, you have five elements, you have an offer, acceptance, consideration, breach, and then damages. Failure to pay rent is cause for an eviction. Also, if you hold over in the property after the lease expires, that’s a termination of tenancy eviction. So there are two types.
Simone Dominique: Thanks for clarifying that for me. And so this is all for the state of Florida, where you practice. How much notice is legally required before an eviction process can begin? And what are a person’s rights after receiving a notice?
Sheleen Khan: So, I just brought up the fact that there are two types of evictions. So the eviction for non-payment of rent requires a 3-day notice to be posted, which is a condition precedent to filing an eviction. A tenancy and termination holdover situation is a 15-day notice that you are required to post on the door of the tenant.
Simone Dominique: Okay, and then following up on that, what are a person’s rights after receiving this notice?
Sheleen Khan: A person’s rights: They either have to pay within three days of the three-day notice or voluntarily vacate. If they don’t voluntarily vacate, if they fail to pay, and don’t have the money, then the landlord would have to file an eviction in the court of where the property is located.
Simone Dominique: If they fully pay? Can the landlord still remove them, or not?
Sheleen Khan: No, they are protected under the lease.
Simone Dominique: And a partial payment does not count, they can still get removed if it’s only a partial payment. Correct?
Sheleen Khan: Correct; however, many landlords put late fees, and those late fees are not included in the basic rent. So you cannot evict based on late fees unless the lease states the lease and any payments herein are deemed additional rent. So the late fees have to be called additional rent.
Simone Dominique: So if they make the full payment, and it’s not called additional rent in the lease, then that payment does not have to include the late fees, and in this scenario they can then still keep the place.
Sheleen Khan: Correct.
Simone Dominique: Okay. Thank you. Are there any protections in place for tenants facing eviction due to financial hardships, such as emergencies, crises, extreme weather events, natural disasters, or anything like that?
Sheleen Khan: In the past, we had programs. If you recall, we had a financial crisis, a foreclosure crisis, and then there were a lot of people who were without homes. And so we had a law called tenant protecting rights so that you would be protected. And a program that was run by the state or the county would help you with the rent.
Simone Dominique: Was this 2008, or was it the pandemic?
Sheleen Khan: It was in 2008. Post-2008 when there was the crash. That has been eliminated. However, we have a program called ERAP, which was promulgated sometime around COVID. That also is now wrapping up. But people were allowed to go to the agency to seek rental assistance.
Simone Dominique: And when does that one end?
Sheleen Khan: If it hasn’t ended already, it should end very soon.
Simone Dominique: Can landlords in Florida evict tenants for retaliatory reasons? And what recourse do tenants have if they suspect retaliation is the motive for their eviction? Or is it just purely financial?
Sheleen Khan: That’s a good question. It requires a long answer. But let me see if I could say this succinctly. You’re not allowed to retaliate based on race, gender, or sex. So if a landlord retaliates, you are protected under the Florida constitution, and the US Constitution, so you also have something called the Fair Housing Act, which is Florida, and a national law that protects these classes.
Simone Dominique: And so what recourse do tenants have if they think that they fall under these retaliation classes?
Sheleen Khan: Well, if the tenant has not read up on the law, they would not know what statute it is, but it is 83.62 which states very clearly that you are not allowed, the landlord is not allowed to discriminate. If you do, the tenant will prevail in the eviction and probably have the attorney fees paid and get costs as well.
Simone Dominique: Interesting. And when there’s a strong case, do attorneys typically ask for a retainer upfront—if it’s a clear-cut, you know, protected class case? Or does it depend on the attorney?
Sheleen Khan: Well, under contract law, it’s based on each party paying their fees. Unless the statute allows for all this, or the lease allows for the tenant to prevail on penalties.
Simone Dominique: I can see a situation where if the tenant doesn’t have money to pay rent, how are they going to afford an attorney? How do they then afford the attorney when they’re in a protected class situation?
Sheleen Khan: While what you just mentioned are two different reasons. So if the landlord sues for eviction for non-payment of rent,
Simone Dominique: That’s one thing, right? But then there is retaliatory…
Sheleen Khan: If the tenant responds to the eviction, which they’re allowed to do by law, within five days of receiving the complaint for eviction, they could cite as a defense retaliatory eviction, and if they prevail, before the court, the case will be dismissed with prejudice.
Simone Dominique: What resources are available for tenants in Florida to obtain free or low-cost legal advice and representation in eviction cases?
Sheleen Khan: Some attorneys do pro bono. Also, you can find pro bono attorneys on the Florida Bar’s website. There are some programs also in Dade County, and in Broward called Legal Aid. You have to be indigent, and you have to prove that. Then you will get an attorney to represent you in the county.
Simone Dominique: Can that happen in the 5 days, or 3 days you have to leave a place?
Sheleen Khan: Absolutely.
Simone Dominique: Okay, that’s interesting. How does the eviction process work in Florida courts? what steps does somebody have to prepare for an eviction hearing?
Sheleen Khan: The statute, 83.59 et sec, states clearly that it’s statutorily based. You have to follow this statute, strictly, otherwise, the case can be dismissed.
Simone Dominique: So, even if the landlord is right, the case can be dismissed if they don’t follow the statute.
Sheleen Khan: Correct, you have to follow the correct procedure. So the correct procedure, first of all, 83.56 states that the three-day notice must be posted on the tenant’s door. It must have the correct address, the correct names of the tenants, and the correct owner of the property. If you don’t have that, it will be a defective three-day notice; the case can be dismissed.
Simone Dominique: And then they would have to start over again.
Sheleen Khan: Correct. Also, the 3-day notice involves three business days, excluding weekends and public holidays. Many attorneys and even landlords who file pro se [on one’s behalf] make a big mistake in not counting the three days properly.
Simone Dominique: Okay. And does this vary from county to county?
Sheleen Khan: No. They’re statute-based in Florida law.
Simone Dominique: What are a person’s rights regarding the security deposit when facing eviction? And under what conditions must it be returned to the tenant?
Sheleen Khan: So as you recall, I said that it’s a strict construction of the statute. And that includes the security deposit. So under 83.49, subsection 3 states clearly that upon vacating the property, the landlord must return that security deposit within 15 days, unless there are damages. And if they are damages, the landlord must send a certified letter, return receipt to the tenant’s new address or forwarding address stating in very detail-oriented language, what the damages were. How much the damages are and itemize them.
Simone Dominique: Can the landlord apply the security deposit towards rent if somebody doesn’t pay? Or is it strictly for damages?
Sheleen Khan: Only if the lease allows it. Some leases I have read state the security deposit may be applied to delinquent rent. But the problem with that is that the landlord may be short, if the tenant eventually moves out, and they are damages. So that’s a big liability. I will give you an example. I had a client who evicted the tenant and the tenant owed 1000s of dollars in rent. We prevailed, and I warned her after we won the case that she must return the security deposit. She failed to return the deposit. The same tenant filed a case against the landlord and won.
Simone Dominique: So if it isn’t explicitly stated that the security deposit can be applied to rent on the lease, even if the person is in default of the lease, the landlord has to return the security deposit. Okay, that’s interesting. That is assuming there are no damages. I didn’t know that. That’s surprising actually, to me.
In all your years of representing tenants, what’s the most profound lesson you’ve learned about human resilience and community support during challenging times?
Sheleen Khan: I don’t know if you know, but I represent both sides. I sometimes represent the tenants as well. My primary practice is representing landlords, but I know the subject very well. And I take cases for tenants as well. And I’m a zealous advocate for tenants because there is a lot of wrongdoing on behalf of these landlords. They tried to game the system or have shortcuts, and they eventually lost. Sometimes the landlords get away with a bad eviction which is unfortunate because they don’t have representation. Most tenants represent themselves pro se.
Simone Dominique: This goes back to using some of the Legal Aid places you mentioned if they are cash-strapped.
What have you learned about human resilience and community support? So you’re saying that the support is coming from having counsel.
Sheleen Khan: The support is you’re in a better position if you have counsel. I would like to see more organizations cater to tenants because rents are going up. And landlords have been increasing the rents tremendously by 3%, sometimes 5%. And the tenant cannot afford such a steep rise in rent.
Simone Dominique: Property taxes are going up too, it is getting expensive for landlords
Sheleen Khan: However, property taxes under the Florida constitution are capped 3% annually for homestead and 10% for non-homestead properties.
Simone Dominique: But homeowners insurance is going up drastically too, right? And that’s not capped.
Sheleen Khan: Right. So if you take those factors into account, rent increases make sense, but sometimes, unscrupulous landlords take advantage.
Simone Dominique: Okay, let’s let’s zoom out a little bit. Looking at the broader narrative of eviction in America, what do you believe is the most surprising or counterintuitive aspect of how the eviction process impacts not just individuals, but the economy and society as a whole?
Sheleen Khan: Well, when you displace tenants from properties, it becomes a burden on the system. And the Florida economy. A lot of debt, a lot of emotional, hurt, and suffering because these are families, tenants with small kids have no place to go. There are not enough organizations to help out. And so they need some added help. In Florida, we should become more understanding about the plight of these tenants. Also, the laws change. I don’t know if you are aware that Governor DeSantis just signed a new law about squatters. So, squatters have been a big problem in Florida. Now, he has adopted a new law that penalizes squatters. So, before, you could not get the police department to go to remove a squatter. Now you can. Also, if the squatter is a former tenant or former owner, they are not considered squatters, they may have a claim. So, that would not be a criminal act by squatting. It will, they will turn it over to the civil courts. The governor also made squatting in a property where you cause damage over $1,000 as a third-degree felony.
Simone Dominique: Wow.
Sheleen Khan: Yes. So we are looking at the new changes to see if they may be applied to tenants, as well.
Simone Dominique: Interesting. Considering the legal battles you fought against unjust evictions in your career, what do you see as the most significant legal loophole or deficiency that landlords exploit? And what reform is needed to close that gap?
Sheleen Khan: I could tell you that judicially, I find some of the judges lean towards the landlords. Sometimes the judges don’t look carefully at the documents that the landlord presented pros se. If the eviction is bad, or it is an unlawful eviction, sometimes the judges don’t take time to read the full case file. I see that a lot.
Simone Dominique: And then what happens?
Sheleen Khan: It can be a wrongful eviction. Sometimes the judges make correct decisions. Sometimes they don’t.
Simone Dominique: So what does an attorney do when the judge makes a decision that doesn’t follow the law?
Sheleen Khan: We appeal it.
Simone Dominique: Ok, how do you see the issue of evictions intersecting with broader civil rights concerns in our communities, particularly for marginalized groups?
Sheleen Khan: Well, I also do Section 8, which is the Rental Assistance Program. There are more parameters that a lawyer has to perform in filing those types of evictions, you have to give proper notice to the agency, as well as to the tenant, and you must attach the complete Section 8 document with the lease. So there are a lot of steps to protect the indigent tenant.
Simone Dominique: Can you share a defining moment in your career, where you truly felt the impact of your work on a family or individual facing eviction?
Sheleen Khan: I could tell you about a case that was very interesting to me. I did not prevail, but it’s a very interesting case. And I won’t say names, but I’ll give you a gist of how that case went. There was this landlord who filed an eviction against this tenant who was female. And I represented the landlord. I filed this case following proper procedure. Of course, my information came from the landlord. So I go with the information that my client gives me. I filed the eviction, and everything was proper. So when I served the tenant the eviction, she had five days to respond. The tenant responded with her attorney, and the defense was regarding discrimination. But not only discrimination. A defense was that the landlord was in legal jeopardy for criminal wrongdoing. And the reason was that he was forcing her to have sexual relations instead of rent. And that is not allowed. A landlord and a tenant cannot have that kind of relationship. It’s an illicit act. And it’s against Florida law. And so, therefore, I was shocked to see that defense. Of course, I had to confront my client. And he denied it. But there was clear evidence. He did not want to dismiss the case. The judge, read all those documents and referred the case to mediation. And then in mediation, all the facts came out and it was unrefuted that the tenant was telling the truth. There was proof.
Simone Dominique: That’s quite the case.
Sheleen Khan: It was painful for the tenant, and being a woman myself, I thought it was an atrocious act on behalf of the landlord. That was a new experience for me. It was an eviction case that was turned on its head.
Simone Dominique: Well, I’m happy for the client in that case that she prevailed. That’s tragic to hear.
Sheleen Khan: Let me add to that story. Earlier, I told you the prevailing party is entitled to attorney fees on cost. And the tenant prevailed. And the attorney gave us a bill. And if we didn’t pay that bill, then we would have to have another trial for attorney fees. A lot of work was put in, but the fees the landlord then owed were approximately $30,000 to $50,000.
Simone Dominique: So it can cost financially. Can you discuss a case where eviction was used as a tool of discrimination and how you addressed it through the lens of civil rights?
Sheleen Khan: I have mostly prosecuted evictions for landlords. But as I said, when your clients speak to you, they may not tell you everything. So then you’re caught off guard. Legal Aid, which I mentioned earlier is very good at defending evictions when there is proof of discrimination. Also, there are times when my client the landlord would damage the electricity to get the home back or shut off the water. You’re not allowed to do that—that’s retaliatory. There were other times when I received the response, again, from an attorney representing a tenant showing the Landlord’s texts attached with very derogatory, racist remarks. Sometimes in mediation, we work it out. Sometimes, the defense is so good that the tenant prevails. However, the tenant is ordered to post money in the registry if they want to continue to live in the place.
Simone Dominique: Okay, now, switching to something else. I’m interested in this one. Some attorneys mentioned their win records. They’ll say they’ve won 97% of their cases. So you think like, gosh, if this person takes me on, I have a great chance of winning, or this is a better attorney than another one. Is this something that you look at before taking on a case—that is how likely it will affect your win record? Or for you, is it more about giving the person an opportunity for due process? Do you turn down cases that you believe you can lose? Do you want to take cases that you think you can win?
Sheleen Khan: I like your questions. Many ethical, and moral questions— because attorneys do have to weigh these before they take on a case.
Simone Dominique: You have to stand in front of a judge who can see you taking a case that you may not think you can win. How does that affect your reputation if you’re taking cases where some you win; and some you don’t?
Sheleen Khan: I do not consider success rate as a reason to take a case or not because with the Florida Bar if someone approaches you and needs representation, it’s upon you to take that case. Unless, say, the person is not telling the truth or unless you have a heavy workload, you cannot deny that person legal counsel.
Simone Dominique: How about frivolous cases?
Sheleen Khan: I have seen that. There are sham pleadings. The lawyers can be penalized monetarily, it’s called 57.105. So, any case without merit, and a lawyer files it, because they prefer to increase their legal fees or just take legal fees without any morals, or any proper conduct, then it’s a penalty.
Simone Dominique: What if a client lies to the attorney and then the attorney presents the case, can the attorney still get this form thrown at them?
Sheleen Khan: Well, this is what happens. At that point, in your scenario, the lawyer can file a motion to withdraw. You cannot disclose any client-attorney confidentiality. All that the attorney needs to file is a motion to withdraw for irreconcilable differences. But you cannot divulge any client-attorney information because the Florida Bar can reprimand you for that.
Simone Dominique: So that could leave the client in a pickle, but the client, in essence, put him or herself in that pickle by lying.
Sheleen Khan: Correct. And then under the Florida Bar rules, which is Rule Four states that a lawyer cannot perpetuate a lie for clients.
Simone Dominique: Okay, so it behooves the attorney the minute he or she knows the truth to act on it. And once you know what’s going on with the case, and it’s not a sham case, that person deserves representation?
Sheleen Khan: Correct. And I would ask for supporting documents. Under the Florida Bar rules we are required to.
Simone Dominique: All right. That’s interesting that people will promote their success rate. It always made me wonder if they were selective.
Sheleen Khan: I can tell you that we’re not allowed, in advertising, to talk about percentages of success rate. The typical conversation I have with my clients, I don’t guarantee success. What I can say, which is allowed, is there is a 50/50 rate of success for your case.
Simone Dominique: Win or lose. Okay. What are some of the common mistakes that tenants make in the eviction process? And how can they avoid them?
Sheleen Khan: So when they respond, they respond with an answer and an affirmative defense. The tenant fails, sometimes, to correctly account for rents that have been paid. So they may have a credit, or the amount on the notice is incorrect. And that’s a defense. But sometimes, especially, with elderly clients, they may get the numbers wrong, and they may lose. The onus is on the landlord to correctly state the numbers.
Simone Dominique: Errors don’t necessarily mean that the person gets to stay there. They can reset the clock of the eviction process, but the person will eventually have to get out.
Sheleen Khan: They eventually will have to vacate if they don’t pay; however, the landlord would have to refile a new case.
Simone Dominique: How long would that delay it?
Sheleen Khan: By a couple of weeks. An eviction is probably going to take you eight weeks.
Simone Dominique: It’s pretty fast in Florida. Now I’m going to flip the angle a bit. Let’s assume a landlord has a tenant taking advantage of the system. You said that you represented a lot of landlords. While this landlord still has a mortgage to pay, you know, their asset is in jeopardy, they might lose it, they might lose this rental property to a tenant who is taking advantage of them. What suggestions do you have for landlords so the system is fair and equitable?
Sheleen Khan: The landlords have, as you know, to follow proper procedure. In the past, there was a lot of retaliatory conduct on behalf of the landlord, they had the upper hand, right? But I have seen tenants do damage to the property, or make lies and tell the judge lies about being treated badly. And the landlords have to defend themselves against false allegations of retaliatory conduct. So you have to vet these cases out, and it’s hard for the judge. We as lawyers try to do our best. But as I said, I believe the judges know that the landlords have these liabilities for taxes, for mortgages, for insurance. So they tried to expedite it. Some of them overlooked flaws in the actual eviction, but they knew the heavy burden financial burden that the landlords would have.
Simone Dominique: So it’s about process but also fairness. Okay. Thank you very much for your time today. I appreciate it.
Sheleen Khan: It’s been a pleasure. Anytime.
Simone Dominique: Thank you.
This long-form interview was transcribed with Otter.ai
SUMMARY KEYWORDS
Tenant, eviction, landlord, case, Florida, attorney, rent, client, eviction process, retaliatory, damages, lease, correct, days, late fees, person, defense, law, statute, prevail
