Legal Question in Landlord & Tenant Law in Florida

certified mail

i mailed my florida landlord a non compliance intent to with hold rent if not reapaired letter. the certified mail has misteriously disappeared. the post office is looking in to it. now i have been served eviction papers and am being told that since he did not sign for the letter and there is no trace of it after leaving the p.o. that i cannot validate notice of material non-compliance and i will be evicted on grounds of non-payment of rent and cannot address the non compliance by landlord. rent is due 15th i mailed on 6th and gave personal deliver on 2/12 at my home when he came under the guise of looking at the repairs instead bringing real estate agent to house. landlord has had lien put against house because he will not comply with west palm beach landlord laws over $200k house is in lis pendens and he is trying to short sale. i would appreciate any advice. thank you and much happiness

jeremy


Asked on 3/02/09, 9:17 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: certified mail

You did not have the right to withold rent, so your letter is irelevant. Go to the hearing and explain your problem. Be ready to pay in full, though.

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Answered on 3/05/09, 10:02 pm
Brent Rose The Orsini & Rose Law Firm

Re: certified mail

Your letter probably doesn't matter. A tenant's right to withhold rent was repealed by the legislature some years ago. You need to post the entire amount of rent that the landlord claims is due. Go to the hearing and explain your mistake to the judge. Don't believe the websites that have outdated legal advice and outdated versions of the Florida statutes that say you can withhold rent.

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Answered on 3/03/09, 9:28 am


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