Legal Question in Landlord & Tenant Law in Florida
Want to withold rent legally.
We found this house ''for sale by owner'' and approached the owner to see if they would rent to us instead. (We moved from out of state - needed a family home quickly.) They agreed.
As a gesture of good faith and to show we are reliable renters we paid them 6 months rent in advance on top of deposit.
The roof has been leaking since one week after we moved in. We called them - no reply. We wrote them - they came and tried to fix themselves and left a terrible mess and did not replace a proper ceiling or insulation.
The roof is now leaking again,(started on Friday) much worse than before.
There are other problems, but I am trying to keep this brief.
We pay the remaining six months rent pro-rated so there is always a payment and they are always ahead (right now by 4 months).
The next payment is due next week. I would like not to pay it to them - would this be legal since they are technically ahead with the rent? I am willing to go to the court and leave the payment with them. We intend to file a lawsuit - we are not being able to use the room/house in the manner intended.
We have small children and are concerned for their safety.
Your advice/help would be very much appreciated
2 Answers from Attorneys
Re: Want to withold rent legally.
Follow the procedures in FS 83.60 and pay rent into court.
Re: Want to withold rent legally.
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.
You have some serious issues regarding your tenancy. You should meet with an attorney to review the terms of the lease who can then advise you of your legal rights and obligations. Residential tenancies are governed by Florida Statute Chapter 83 which provides the method to withhold rent, but which may not apply to you since you are so far ahead in your payment.
Scott R. Jay, Esq.
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