Legal Question in Landlord & Tenant Law in Florida

we have been without heat for 2 mo. now i held back my jan. rent i have 5 babies all under the age of 3 i got a notice to pay rent within 3 days or leave,, what can i do?


Asked on 1/07/10, 3:57 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

You must give the LL written notice and opportunity to cure the heat problem BEFORE withholding rent (the LL's knowledge and/or your telling him does not comply with legal requirements). Your LL is now threatening to evict you because you wrongfully withheld rent due to not giving written notice and opportunity to cure.

In order to fight the eviction action, you need to deposit back rent with the court.

If you can work something out with the landlord, that would be optimal. Without further details, I can't advise further.

There is some free information which you may find helpful located at http://www.800helpfla.com/landlord_text.html

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Answered on 1/12/10, 4:26 pm
Lucreita Becude Lucreita D. Becude, P.A.

Ms. Grosse is absolutely on point. Notice to the landlord should be in a certified mail form so that you have proof that the landlord was notified. I suggest you contact your local legal aid office as this is one of their optimal fields, and see if they can help you immediately. Otherwise you will have to deposit your rent payment to the clerk of court registry until you can get a hearing to explain your situation to the Judge.

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Answered on 1/13/10, 6:12 am


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