Legal Question in Landlord & Tenant Law in Florida

We have encountered a landlord/tenant issue I'll try to give you a brief run down of our situation, to see if we have any ground to stand on.

-- This situation began the middle of January 2012 (could've been going on longer and we didn't notice). When we would wash dishes, shower, flush toilet, etc.. smelly sewage water would pool up in our driveway/yard. The following week we notified the landlord there was a problem. He then said he'd send is man out (handyman). For the following 3 weeks our landlord would not answer calls/messages nothing was repaired. We had to try to keep my 2 year old from running/playing in the area for fear of bacteria, etc.

-- When rent was due Feb. 15th the landlord came over, became very defensive/aggressive, said his "man" had come by there was nothing wrong. We insisted there was and ran the water long enough for him to see it for himself. At that time we also expressed that our A/C was not functioning. Regarding the A/C he said he would send someone on Monday Feb.20, they never came to repair.

-- Within the next couple days he, and his handyman came and dug out the sewage (toilet paper, fecal matter, etc) around the clean-out, and discovered the cap was missing. They then replaced the cap. (left the pile of sewage, plants and soil in driveway for us to clean up--took 3 wheelbarrows full for us to move it to back of yard, proper sanitary clean up of that are and under house were not performed--dangerous bacteria and mold can form)

--After replacing the cap on the clean-out, matters became much worse. When we would wash dishes raw sewage, fecal matter, would bubble up into the bathtub. The same would happen when the toilet was flushed. The toilet would not go down. It's been rough, I've had to take my daughter to my mother's house for baths, we would eat on paper plates so to not use to much water, use the toilet elsewhere (not to mention the horrible sewage smell). We put the issues and request to repair in writing and delivered on the 20th (they would not answer phone calls). They had a plumber come out, he snaked the line, said there was nothing we had done wrong, that the pipe was sloped wrong and it was backing up. Plumber gave them estimate for what needed to be done, but they did not do it.

-- Unfortunately the plumbing issue continued for weeks, and they would not answer phone calls. That's when we sent the letter stating rent would be withheld if repairs were not made. That was March 7th. A plumbing issue like that needs to be addressed immediately and at that point they had ample time to do so.

Upon realizing this could be a "sticky situation" I did my research on landlord/tenant law. We made sure to follow all procedures, we requested the repairs, gave ample time for landlord to address issues, and to no avail. So, prior to withholding rent we had contacted both the city code enforcement (who came out and cited multiple code violations) as well as the environmental dept. (regarding raw sewage flowing into the driveway and yard). I studied the Florida statutes and contacted Legal aid for advice. I followed their advice to withhold rent in an attempt to get the repairs made, sent a certified letter to landlord 7 days prior to rent being due, detailing the issues and the correspondence we had with them pleading for the repairs to be made. Instead of completing the repairs, we were told our rent would be raised $200/month (they stated due to repairs they would have to raise the rent). Then, upon receiving our letter of rent withholding, we were given a 30 day notice to vacate (still no repairs were made.) Now,we have been given a 3 day pay or vacate notice. We have the money to pay, that is not the issue. The issue is that the repairs have not been made (granted they did have workers here today, the 17th, digging up the backyard looking for the pipes, I suppose they are attempting to address the plumbing issue, but they have not communicated with us and will not answer our calls--again). I do not feel it is fair that we pay the full rent amount for the past months we've been living here without A/C, functioning plumbing, etc. It seems as though we should pay a lesser amount as the landlord has the responsibility to maintain the premises and has not. I also understand they have the right to raise the rent, however I believe it is being done in retaliation to us requesting repairs and contacting code enforcement, which from what I understand is illegal to do so.

That being said, I am seeking assistance on figuring out if I have any ground to stand to. From my research it seems the only option is to go through with the eviction process and explain the situation to the courts. However, from what I understand, even if you win an eviction case, it is still on your record and I do not want that (even if it means getting justice, I do not want such a negative mark on my record). Is there no other route? I am also nervous to pay (even though I have it), because from what I read in the FL statutes that could make my case against the landlord null and void.

By the way, we have a lease that reads we owe $800 for rent, but it does not have dates. Also, if we do leave within the 3 day period, do we still owe the $2000?

2 Answers from Attorneys

Related Questions & Answers

More Landlord & Tenants questions and answers in Florida

Looking for something else?