Legal Question in Landlord & Tenant Law in Florida
Hello. we are having an issue with our rental. We had a tree fall on the roof 2 weeks ago (That we warned the landlord was in danger of falling last year) they finally cleared the tree from the roof this week but destroyed our back porch along with all our things in doing so. But they never repaired the roof. Now our ceiling is beginning to crack and buckle in the kitchen and the only person we can contact about this has left the country for the next month. Can I legally withhold rent without any punishment until it is fixed even if I signed a lease saying I would pay it?
2 Answers from Attorneys
Not sure I understand. Would have to read the lease. Are you saying you would pay for the repairs of the roof or are you saying you would continue to pay the rent until the repairs were made. If the latter is the response, then I suggest you place the rent money in the registry at the court house until the repairs are made. That way they get no money until the job is done and you get the satisfaction that something will be done or they won't get paid and they can not evict until they do.
Your lease controls. You cannot just withhold rental. The issue i have is similar to Ms. Becude, your facts are unclear. Who agreed to do what in the lease? You cannot just pay money into the court registry without filing some sort of action. It is going to be costly decision. Better to work out the issues.
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