Legal Question in Landlord & Tenant Law in Florida

withholding rent for commercial property

If I withhold rent for store I am leasing because I have incurred losses due to the landlord and his agents messiing with the roof can the landlord evict me or do I get a chance to state my reasons


Asked on 12/27/07, 4:37 pm

2 Answers from Attorneys
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: withholding rent for commercial property

Before withholding rent, you need to do a proper letter regarding partial or whole uninhabitability. You should consult a lawyer.

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Answered on 12/28/07, 3:20 pm
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: withholding rent for commercial property

The short answer is he can evict you. You must give proper notice of your intent to terminate the lease due to curable (or incurable) conditions relating to the leased premises. This notice must be in the proper form. If it is not and/or you don't give notice in a timely manner, then you have waived your right to protest the improper condition of the leased premises. You cannot just arbitrarily withhold rent. If you do so, you stand a good chance of being evicted lawfully under Florida law if the landlord fights you on it. I recommend contacting an attorney who does landlord/tenant law immediately.

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Answered on 12/27/07, 5:44 pm


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