Legal Question in Landlord & Tenant Law in Florida
Tenant witholding rent for repairs and forclosure lawsuit against landlord
Thank you in advance for you advice.
After sending 3 Certified, return receipt letters to the Landlord notifying her that pursuant to Florida Statutes, Section 83.56, she was in material non-compliance with Florida Statutes, Section 83.51.
The landlord made several corrections (after 7 days), but argued and refused fixing several others. I suggested I should call Minimum Housing Code Compliance office to arrange for an inspection to validate my assessments of the violations.
The landlord then posted a notice to pay rent or vacate on my front door.
The day before her posting, I had sent her my 3rd letter with a reduced rent check. I ultimately withheld 1 weeks rent, and also provided receipts for deductions made to correct issues that put the Landlord back in compliance with our lease (landlord needed to provide a clean pool and hot tub, but failed to do so). The pool was green for my entire first month.
Addititionally, I was served a summons for a mortgage forclosure lawsuit against the landlord.
Should I pay her anymore rent? Or should I hold it until the actions are filed? Should I file an answer to the court regarding the forclosure and our current situation?
2 Answers from Attorneys
Re: Tenant witholding rent for repairs and forclosure lawsuit against landlord
Yes. Get a lawyer to represent you in this.
Re: Tenant witholding rent for repairs and forclosure lawsuit against landlord
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 filing of a mortgage foreclosure suit does not release you of liability to pay rent. If you feel the owner should not receive the rent, then you can pay the rent into the registry of the court during the pendency of the litigation which should protect you in case an eviction suit is filed by the owner against you. Also, it will show the lender that you are a good tenant and will go a long way in getting them to allow you to remain in the premises if they obtain ownership throught the suit.
You should file an answer just affirming your tenancy to the court although it is not required. The filing of a summons in your name is simply to assert the lender's priority over any interest you may have and to foreclose your interest out. If you are confused by the situation, you may wish to consult a real estate attorney to dicuss your legal rights and obligations.
Scott R. Jay, Esq.
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