Legal Question in Landlord & Tenant Law in Florida
have minor child got the eviction letter to appear in court
the landlord never repaired anything in the house and I had Department of Children s and family at the house I repaired and took care of the repairs to make sure the house was antiquate for my son and myself
1 Answer from Attorneys
What is your question? How to proceed?
In certain instances you may withhold rent if the landlord fails to make repairs. To do this, the landlord must be in violation of either FL Statute or the lease, and you must notify the landlord in writing. Then, if the landlord failed to make repairs, you may withhold rent until the landlord makes the repairs. In defense to an eviction action, you tell the court why you were entitled to withhold the rent. In order to use this defense during the eviction action, you must deposit the back rent with the court.
You may have your own separate cause of action against the landlord for failing to maintain the premesis and for return of the money you paid to make repairs. It is common for people to agree to off-set the rent for the amount a tenant pays for repairs, but if no such agreement was made (either in the lease or afterwards), you must proceed using the proper legal channels as stated in brief above.
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Can you evict tenants without a court order for eviction Asked 8/11/09, 8:35 am in United States Florida Landlord & Tenants