Legal Question in Landlord & Tenant Law in Florida

Can I have an eviction overturned if my slumlord filed an eviction on me due to nonpayment after code enforcement came and took pictures of my house and will be filing a case against her? My children and I have nowhere to go because the eviction is hindering me from getting approved from anywhere else.


Asked on 10/30/13, 4:38 pm

2 Answers from Attorneys

Alan Smith Tallahassee Legal Counsel

The answer is probably not, unless you previously gave him a 7 day notice to cure under Florida Statutes 83.56. However, you may have claims against him under Florida's landlord-tenant laws for failure to maintain the property, and for personal injury if anyone was hurt or sick as a result of his failure to maintain. I would recommend consulting with a personal injury or landlord-tenant attorney in your area. Generally, initial consultations are free.

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Answered on 10/31/13, 9:59 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Code enforcement alone is likely not a sufficient basis for you to withhold rental AND even if you did you would be required to deposit those sums in the registry of the court.

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Answered on 11/06/13, 3:42 pm


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