Legal Question in Landlord & Tenant Law in Florida

Re: my ceilingfell

What the landlord has to provide for you at a minimum is laid out in Florida Statutes 83.51. To view the Florida Statutes, go to the State of Florida's website, Online Sunshine.

You can withhold rent if the landlord does not comply with Florida Statutes 83.51 and as a result the apartment is untentantable. In order to do this, you must write a letter to the landlord and deliver it in person 7 days before rent is due (mail it 12 days before rent is due if you mail the letter). The letter must say exactly what the problem is, and that you will withhold rent until the problem is resolved.

If the landlord tries to evict you for not paying rent, then you can defend yourself in court by pointing out the problem with the cieling and that you got that letter to the landlord. The court will then have you deposit rent money with the court. So, you will have to have the rent ready or else you can be evicted and quickly.

Generally, once the problem is fixed, the back rent goes to the landlord. So, your goal in withholding rent is to get the landlord's attention so they fix the problem quickly. By withholding rent, you won't save money and you need to keep whatever rent you withhold in a bank account.

There are some situations in which the landlord does not have to maintain your cieling: If you live in and own a mobile home but only rent the lot, then the landlord does not have to repair the cieling. If you rent a house or a mobile home, then your lease may make you responsible for upkeep and repairs.

Re: my ceilingfell

I am not in complete agreement with the other attorney. I understand your ceiling fell (presumably a drywall type material that is not water resistant). I know that is unsightly and creates a mess, but you are not necessarily allowed to withhold rent until the the landlord fixes the CEILING. What the statute (83.60, 83.51) provides is that you may withhold rent until the landlord fixes the ROOF (sealing it from leaks from outside) OR until the landlord complies with all BUILDING, HOUSING, and HEALTH CODES. If a water damaged CEILING does not violate the applicable city/county codes, then you can rely on the statute which specifies the landlord must fix the ROOF, and you can withhold rent until it is fixed (and pay the back-rent when it is fixed).

If what is stated above does not result in your ceiling being fixed:

1. Look to your lease. It may have additional terms for how the landlord must maintain the premesis, proper notice procedures to the landlord (in writing, registered mail, etc.), and the time frame in which the landlord must rectify the problem after proper notice.

2. If the landlord does not fix the ceiling after proper notice (if any), then you can hire someone at your own expense to fix the ceiling. You may not, however, abate (deduct) the rent in the amount of the repair. You would still pay rent, and you would recover the cost of the repair from the landlord as a separate action.

Depending on your situation, you will want to proceed with awareness of potential consequences. The other attorney suggests that withholding rent, then fighting an eviction, is the right course of action. However, if it would seriously damage you to proceed in such a manner (for examples: unacceptable lost time from work to go to court, your lease is up anyway soon and the landlord might not renew it, you can't lose this apartment for any reason), you may want to weigh all the factors and proceed accordingly. If you want to be strictly "legal" and stick it to your landlord, then by all means, use the statute and the courts to force compliance. But, no matter how you choose to proceed, be sure to put health and safety first for yourself and any other family who may be living in the apartment.

I wish you the best of luck. If you require further assistance, there are legal clinics in Florida that help with landlord-tenant disputes. See the directory on flabar.org for a clinic near you.

Good luck to you!

Sarah