Legal Question in Landlord & Tenant Law in Florida
I am a renter and is current in payment for july, on july 1st a/c stopped working for the third time this summer and is yet to be repaired despite calls to landlord daily with promises repairman will come that day. can i deduct a daily amount from next months rent for each i am without service?
1 Answer from Attorneys
You cannot just stop paying your rent. Under Florida Statute 83, A tenant cannot withhold rent from the landlord without sending notice and allowing the landlord time to make repairs.
If the repairs are not made and the unrepaired dwelling is untenantable, the tenant may vacate and withhold all rent. If the repairs are not made but the failure to make the repairs does not render the dwelling untenantable, the tenant may remain in the dwelling and the rent shall be reduced, until the repairs are made, by an amount in proportion to the loss
of rental value caused by the failure to make repairs. In any legal proceeding, however, the tenant will have to pay all past due rent, and rent as it comes due during the legal proceedings, into the registry of the court. The tenant should, therefore, deposit all rent as it comes due in a separate bank account until the tenant's disputes with the landlord have
been solved. All correspondence should be mailed by certfieid mail with return reciept requested.
Section 83.56(1), Florida Statutes 2012
Your letter should say something like the following:
To:
Landlord's Name
Address
City, State, Zip Code
From:
(Tenant)
Date:
This is to inform you that you are not maintaining my apartment unit as required by Florida Statute 83.51(1) or material provisions of our lease agreement. If you do not complete the following repairs within seven days I intend to withhold all future rental payments:
[list violations] This letter is sent to you pursuant to Florida Statute 83.56.
Tenant�s Name
Address, Unit Number
Phone Number