Legal Question in Landlord & Tenant Law in Florida

Noncompliance of repair and eviction

From onset of lease Landlord failed to provide agreed items. In the ensuing months, plumbing, electrical, cracked tiles on flooring, wood flooring popping, carport ceiling falling in, ceiling fan falling from ceiling, screens not replaced, all happened within a 6 month period from June to Oct. After several months, unacceptable repairs or no repairs at all, tenant withheld rent with notice of repairs. Tenant then paid Landlord 8 days after it was due to attempt to work out the repairs. No repair done in Oct. In Nov, tenant again withheld rent but at half with a letter stating the repairs are still not completed and the other half will be later when repairs are done. These repairs also include statutory duties of landlord.

Landlord cashed the half payment check, inspected the ceiling fan and the tile flooring that was cutting the feet and handed tenant a 3 day notice due to nonpayment of rent.

Would the landlord be entitled to possession in that no notice was given to him 7 days before the november rent due and did his action of cashing check and inspecting repairs noted in letter amount to waiver to evict? Did the original breach of landlord constitute the original lease to be invalid?


Asked on 12/24/07, 3:28 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Noncompliance of repair and eviction

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.

The landlord may be entitled to get possession since the tenant did not follow the dictates of Florida Statutes for withholding rent. This will be a decision to be made by the judge hearing the case. It is also possible that the court may suggest the parties try to mediate their differences in order to try to resovle them.

Scott R. Jay, Esq.

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Answered on 12/25/07, 5:30 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Noncompliance of repair and eviction

This is a complex landlord tenant issue. There are various notices the landlord and you have to give to protect your positions. If you would like a consult, please call my office.

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Answered on 12/26/07, 2:14 pm


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