Legal Question in Landlord & Tenant Law in Florida
Is this Harassment?
I served my apartments with a Notice to Repair prior to rent becoming due. I received a receipt that the letter was received by the agent. I never received a 3 day notice but the apartment manager and her supervisor came by my apartment yesterday and basically forced their way in to question me about my rent. What are my options as the repairs still have not been made?
1 Answer from Attorneys
Re: Is this Harassment?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You have to send your notice by certified mail to the landlord as required by Florida Statutes 83.56 Termination of rental agreement. —
(1) If the landlord materially fails to comply with s. 83.51(1) or
material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is
due to causes beyond the control of the landlord and the landlord has made
and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:
(a) If the landlord's failure to comply renders the dwelling unit
untenantable and the tenant vacates, the tenant shall not be liable for
rent during the period the dwelling unit remains uninhabitable.
(b) If the landlord's failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.
For further questions, you should consult a local attorney who is qualified in real estate/landlord and tenant law.
Scott R. Jay, Esq.