Legal Question in Landlord & Tenant Law in Florida

Re: Landlord/Tenant: 7 Day Notice To Withold Rent

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.

I am not sure that the items which you delineated herein are sufficient to withhold the payment of all rent to the landlord. If you believe it is, then according to FS 83.60 the applicable law is as follows:

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.

If you choose to withhold rent, make sure you put it aside in case a court orders that it must be paid to the registry of the court. No excuses are excepted for failure to comply with the court's order.

Scott R. Jay, Esq.