Legal Question in Landlord & Tenant Law in Florida

where can I find legal form advising landlord of no rent payment


Asked on 9/01/15, 2:33 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

No such thing.

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Answered on 9/01/15, 2:53 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

There is no such form. Do you mean notice that no rental is to be paid due to defects? There isno form the statute is as follows

83.60 Defenses to action for rent or possession; procedure.�

(1)(a) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s. 83.51(1), or may raise any other defense, whether legal or equitable, that he or she may have, including the defense of retaliatory conduct in accordance with s. 83.64. The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.

(b) The defense of a material noncompliance with s. 83.51(1) may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord�s representative as designated pursuant to s. 83.50, a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) by the landlord is a complete defense to an action for possession based upon nonpayment of rent, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s. 83.51(1). After consideration of all other relevant issues, the court shall enter appropriate judgment.

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Answered on 9/01/15, 3:09 pm


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