Legal Question in Real Estate Law in Florida
Landlord is trying to evict us.
I reported my landlord to code enforcement and now he is threatening us with an eviction. We have not broken our lease can he do that? What can I do?
1 Answer from Attorneys
Re: Landlord is trying to evict us.
Based on what you have written, it sounds suspiciously like retaliatory conduct by the landlord against you. This is barred pursuant to Florida Statute 83.64 (1) which states in part: "It is unlawful for a landlord to discriminatorily increase a tenant's rent or decreas services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith."
Beware, this section does not apply if the landlord proves that the eviction is for good cause even if the eviction is filed after a complaint to a governmental agency is made.
This is an important legal issue and should be reviewed with a competent real estate attorney who can then answer your specific questions.
Scott R. Jay, Esq. (305) 249-8000