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johnwells807

Junior Member
What is the name of your state (only U.S. law)? Florida

I have been comming to this site for over 5 years. I appreciate the advice, but I would caution people who reply to please indicate if they are an attorney or just a lay person who thinks they know the law. I l,ike many people have serious legal issues or questions and it is not helpful for people to offer advise and be WRONG. In response to my question a senior member said I could not legally withold rent yet the applicable law CLEARLY states that a meterial breach of ANY codes,housing laws, etc, EXCEPT FOR VERY SPECIFIC SITUATIONS ,WERE GROUNDS TO WITHOLD RENT PROVIDED THAT THE LANDLORD IS GIVEN SEVEN DAYS WRITTEN NOTICE. Please do not offer wrong advice unless you preface it with something to let one know it is your opinion and not necessarily the law
 
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Cvillecpm

Senior Member
John - the site is FREE - you are getting what you pay for.

We have NOT SEEN your lease, KNOW of the defects you claim OR have the back-story with you and your landlord....BEFORE you RISK getting evicted, have an attorney REVIEW your situation - even if you have to PAY FOR IT.
 

Alaska landlord

Senior Member
What is the name of your state (only U.S. law)? FloridaI could not legally withold rent yet the applicable law CLEARLY states that a meterial breach of ANY codes,housing laws, etc, EXCEPT FOR VERY SPECIFIC SITUATIONS ,WERE GROUNDS TO WITHOLD RENT PROVIDED THAT THE LANDLORD IS GIVEN SEVEN DAYS WRITTEN NOTICE. Please do not offer wrong advice unless you preface it with something to let one know it is your opinion and not necessarily the law
It is not a simple matter of just writing a letter to the landlord. You must have specific violations, inspections must be conducted, and the landlord must be given the opportunity to correct the code violations. There is a state mandated procedure you must follow.

The landlord in the meantime can file for eviction. There is a certain amount of risk involved in the process.
 

Perky

Senior Member
I believe that the senior member you refer to in your post IS a lawyer.

You may be interested in the following information and sites (basically the same), that outline the circumstances and procedures for rent withholding:
Floridas' Landlord/Tenant Law
RENT WITHHOLDING FROM LANDLORD

* You must be very careful to do what the law requires for a proper rent
withholding!!! ALWAYS call the Consumer Affairs Division of your county
or city regarding your landlord/tenant rights before withholding your rent.

* If your landlord will not fix a condition which is in "material non-compliance"
with the your local city or county property maintenance code, you may stop paying rent
(rent withholding). Material non-compliance means that there are major
problems in your house or apartment which your landlord refuses to fix.
Florida's Landlord/Tenant Rights
RENT WITHHOLDING FROM LANDLORD


* You must be very careful to do what the law requires for a proper rent withholding! ALWAYS call the Consumer Affairs Division at 630-CITY (2489) regarding your landlord/tenant rights before withholding your rent.

* If a landlord has not made repairs that are needed and that failure to repair makes a residence unliveable, the tenant must give the landlord written notice of the need for repairs and of his or her intention to terminate the lease if repairs are not made. The tenant must allow seven days for the repairs to take place and if the repairs are not made, the tenant may terminate the lease and move out.

*If a landlord has not made repairs that are needed but the tenant can still live in the dwelling, the tenant must give written notice of the need for repairs and allow seven days for the repairs to take place. The written notice must also state the tenant's intention to withhold portions of the rent until the repairs are made. After seven days, if the repairs are not made, the tenant may deduct the daily rate of rent until the repairs are made. When it is time for the tenant to paythe next month's rent, the tenant will pay the monthly rental fee minus any deductions for days repairs were not made. Tenants cannot wait until rent is due and then try to withhold rent on the basis of the landlord's failure to make repairs.

The following actions are recommended.
 

applecruncher

Senior Member
JohnWells807 -

Some leases have the provision written in them that if repairs are not made the tenant may deposit their rent with the Rent Escrow office at the (whatever county) Municipal Court. Tenant must have documentation that they requested repairs in writing, and LL must be informed by tenant of intent to place rent into escrow. None of this has anything to do with “code violations” or calling code enforcement.

However tenants cannot just ‘withhold’ rent at will. They have to deposit it with the Court. You shoukld check with your local Rent Escrow office - they probaby have a booklet explaining the rules and procedure.

By the way, this is fact - not opinion.
 
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