Legal Question in Landlord & Tenant Law in Florida
I held back one month rent for repairs not made. My landlord is going forth with eviction procedure. Do I have to pay? How do I get repairs made?
2 Answers from Attorneys
First, I suggest you take a close look at Section 83.51 and 83.60 Florida Statutes regarding landlord's duty to make repairs and what you , as tenant can and can't do. Here's an excerpt from 83.60:
(1) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s. 83.51(1) [F.S. 1973], or may raise any other defense, whether legal or equitable, that he or she may have, including the defense of retaliatory conduct in accordance with s. 83.64. The defense of a material noncompliance with s. 83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord's representative as designated pursuant to s. 83.50(1), a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) [F.S. 1973] by the landlord is a complete defense to an action for possession based upon nonpayment of rent, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s. 83.51(1) [F.S. 1973]. After consideration of all other relevant issues, the court shall enter appropriate judgment.
Note that if 83.51 applies to you, at a minimum you would need to provide 7 days' written notice prior to using it as a defense.
There is free information on Florida landlord-tenant law available at: http://www.800helpfla.com/landlord_text.html. If you gave proper notice (check that site and the corresponding statute), then you should go to court to fight the eviction. If you sent your letter requesting repairs by certified mail, return receipt (which I hope you did), then bring the dated & signed green card with you to court as proof of receipt to show the landlord had 7 days written notice. Regards,