Legal Question in Real Estate Law in Florida

Eviction due to water bill

My landlord is threatening to evict me due to non-payment of a water bill. I've imformed them numerous times of leaking plumbing in my apartment and they have not fixed it. In the past, they've removed charges from my account because of the faulty plumbing. Can they evict me for this? There doesn't appear to be anything in my lease requiring me to pay a water bill. If they do decide to try and evict me, how can I fight it?


Asked on 7/17/01, 7:09 pm

2 Answers from Attorneys

Randall Reder Randall O. Reder, P.A.

Re: Eviction due to water bill

An attorney would need to review the lease agreement.

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Answered on 7/19/01, 2:38 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Eviction due to water bill

The written lease will dictate the rights and obligations of the parties. Of course, if any terms or conditions of the lease are deemed void under Florida law, then with respect to the issues involved in such voided provisions, one must look to the Florida Statutes for guidance and authority.

If you do not have to pay the water bill under the lease, then don't pay it. If you do have to pay it, then see whether the lease allows you to deduct expenses related to repairs, etc. as a set-off to rental payments. Regardless, it appears that sooner or later you and the landlord will be resolving this matter in landlord-tenant court, unless the ongoing problems stop. You will need to seek the advice of counsel for a review of the lease and explanation of your legal options concerning the filing of a claim against the landlord or defending an eviction action which may be filed against you. Good luck.

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Answered on 7/18/01, 12:38 pm


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