Legal Question in Real Estate Law in Florida

You may argue that the LL has failed to maintain the premises, and therefore, you were entitled to withhold rent. In order to use this defense, you must depost the back-owed rent with the court during the pendency of the eviction proceeding.

See the following, which can be found in its entirety at http://www.800helpfla.com/landlord_text.html for the obligations of the LL to maintain the premises and the right of the tenant to withhold rent:

Section 83.51(1), F.S.

The landlord's responsibilities will depend on the type of rental unit. The landlord of a dwelling unit at all times during the tenancy shall:

Section 83.51(1)(a)(b), F.S.

Comply with the requirements of applicable building, housing and health codes; or

Where there are no applicable building, housing or health codes; maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads;

Keep the plumbing in reasonably good working condition.

The landlord's obligations may be altered or modified in writing with respect to a single family dwelling or duplex.

Section 83.51(2)(a), F.S.

In addition to providing the above requirements, the landlord of a dwelling unit other than a single-family home or duplex shall, at all times of the tenancy, make reasonable provisions for:

Extermination of rats, mice, ants and wood destroying organisms and bed bugs.

Locks and keys.

Clean and safe conditions of common areas.

Garbage removal and outside receptacles.

Functioning facilities for heat during winter, running water and hot water.

Section 83.51(2)(b), F.S.

If the dwelling is a single-family home or duplex, a working smoke detection device.

This does not mean that the landlord is obligated to pay for utilities, water, fuel or garbage removal, although he/she may choose to. Other provisions relevant to a rental agreement may also be altered in writing.

If the Landlord Does Not Comply

Section 83.56 (1), F.S.

You may be able to withhold rent if your landlord fails to do what the law or rental agreement requires. You must however, announce your intentions in writing by mail, preferably certified, at least seven days before the rent is due to allow time to remedy the problem.

If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry, pending the judge's determination in the case.

Non-Payment of Rent

Section 83.56(3), F.S.

The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you.

In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond � also in writing � to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a �Writ of Possession� to the sheriff who will notify you that eviction will take place in 24 hours.