Legal Question in Real Estate Law in Florida
Withholding of rent due to failure to make repairs on rental
I moved into my home (a rental property) in August of 2000. Upon move in, discussed with the landlord several problems with the house and was told repairs would commence immediately. A bathroom window pane was broken and had to be covered with plastic during the cold months and was not repaired until February 2001. This is one example of the landlord's reluctance to fix things. We have a list of repairs yet to made and in April I sent my landlord a notice for withholding rent. No repairs made still, however he did send a handyman to check out the problems again. Since, I have received a three day notice and cannot use my kitchen sink due to a leaky pipe. What type of recourse do I have? My lease ends the last day of July 01 and my landlord has no intention of renewing. I am wondering what steps I need to take to document a complaint and with whom I would do this. Do I have to pay rent for May and June?
2 Answers from Attorneys
Re: Withholding of rent due to failure to make repairs on rental
First, you cannot force your landlord to agree to an extension or a new lease agreement that would allow you to continue renting or occupying the premises after the end of your current lease term. Second, soon after the three-day notice to pay rent or deliver possession is served (and you fail to do one or the other), it is likely you will be sued, which means you will be served with an eviction complaint for possession (and possibly for money damages too). If you are sued, the ongoing and unresolved problems that the landlord has failed to cure will serve as a defense to the eviction action.
If the court forces you to pay any rent, you may request that the rent be deposited into the court registry pending the outcome of the eviction lawsuit. If the eviction action seeks only possession, you might want to consider moving now since your lease ends at the end on the first of next month. This might be the least costly alternative. Seek the advice of a real estate litigation attorney. Good luck.
Re: Withholding of rent due to failure to make repairs on rental
The three day notice normally demands the rent or possession. If do neither you will receive a summons and complaint with like demands. Do not default. By the time the matter is heard by the court it will, probably, be July. Your lease will have expired and you will be out of the premises, therefore you have acceded to the demand.
If the landlord persists for money damages do not default.
Even better is to have competent counsel represent you.
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