3 day notice, do we abide?

[jbella80]

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

Hi-

We rented a home, and six months ago the 3rd floor shower piping began leaking all the way down to the first floor. We informed the property manager who informed the owner of the property. They sent a plumber in, but he said nothing could be done except remove the shower completely, and reinstall a different one. They did not like that answer, so they sent a handyman in. He took a few months to measure and test out different options. In the meantime our ceiling now had a 3x3 hole in the ceiling due to the leak with a bucket on the floor due to the dripping. The handyman would come in and spray bleach to avoid mold, but we suspected there was already an issue with mold due to other stains throughout the home that displayed previous leaks. Long story short it took 6 months for the them to repair the issue. My husband had emailed the property manager and told him we would only pay half the rent till the problem was fixed when it first began. The property manager responded, "ok". Our lease was up July 15th, and my husband asked if we could go month-to-month. Again the property manager said ok and we paid for the month of July. However, today we received a 3 day notice that if we did not pay the 6 months where we only paid half, then we are getting evicted. Do we have any rights? They have our one month security deposit as well. Thanks!

 

[Gail in Georgia]

The 3 day Pay or Quit notice is typically the first step toward an eviction. A landlord must give a tenant time to remedy the situation (in this case pay claimed owed rent).

If not remedied within this time period the next step would be filing for an eviction.

If this is done you would be notified that such a request through the court system has been made and you may answer the court regarding the matter. If you do respond a hearing will be set up where you can present your side as to why the request for the eviction should not be granted.

Gail

 

[BigBenny]

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

Hi-

We rented a home, and six months ago the 3rd floor shower piping began leaking all the way down to the first floor. We informed the property manager who informed the owner of the property. They sent a plumber in, but he said nothing could be done except remove the shower completely, and reinstall a different one. They did not like that answer, so they sent a handyman in. He took a few months to measure and test out different options. In the meantime our ceiling now had a 3x3 hole in the ceiling due to the leak with a bucket on the floor due to the dripping. The handyman would come in and spray bleach to avoid mold, but we suspected there was already an issue with mold due to other stains throughout the home that displayed previous leaks. Long story short it took 6 months for the them to repair the issue. My husband had emailed the property manager and told him we would only pay half the rent till the problem was fixed when it first began. The property manager responded, "ok". Our lease was up July 15th, and my husband asked if we could go month-to-month. Again the property manager said ok and we paid for the month of July. However, today we received a 3 day notice that if we did not pay the 6 months where we only paid half, then we are getting evicted. Do we have any rights? They have our one month security deposit as well. Thanks!

You will not prevail on the manager's verbal okay that you don't have to pay half the rent for 6 months because of issues with the hole in your ceiling. You need to either pay what he is requesting or you will be faced with an Unlawful Detainer action. If you decide you want to face the judge, who will make a decision, you need to make sure you have everything documented. If the judge decides in your favor, there is a chance he may give you credit for some of your arrears, due to the issues you have been dealing with.

 

[reenzz]

Under Florida law, you can withhold the rent for certain habitability issues that make the rental unliveable. To do so, you must give a written notice to the landlord that states your intention to withhold rent if repairs are not made within 7 days. The notice must be sent by certified mail or hand delivered. The amount withheld should be placed in a separate account until the repairs are made. The law also states that once the repairs are made, you are required to pay the rent you withheld back to the landlord. Failing to pay what you withheld can result in an eviction.

You have a few problems..

1. rental was habitable since you continued to live there.

2. You failed to sent proper notice of your intention to withhold rent.

3. You did not pay what you withheld once the repairs were complete.

 

[IntelHawkPI]

The 3 day Pay or Quit notice is typically the first step toward an eviction. A landlord must give a tenant time to remedy the situation (in this case pay claimed owed rent).

If not remedied within this time period the next step would be filing for an eviction.

If this is done you would be notified that such a request through the court system has been made and you may answer the court regarding the matter. If you do respond a hearing will be set up where you can present your side as to why the request for the eviction should not be granted.

Gail

Hi, Georgia I think this is the best advice to tackel this situation.

 

[jbella80]

Thank you for all of your responses. So even if it was not fixed in a reasonable amount of time, we should pay?? We had no working shower for 6 months. We rented a place with two working showers though, doesn't he have responsibility to take care of it. Also, on a side note, don't know if it matters, but he has not been paying HOA or the mortgage, the home is in foreclosure. We receive letters weekly from attorneys.

We do plan to leave, and are looking for something immediately, but if he were to go down to the court to begin eviction process, how long do we have? Hoping to move out by next weekend.

 

[STEPHAN]

So even if it was not fixed in a reasonable amount of time, we should pay??

If you would have done it properly (written notice, return receipt) you would have been able to put some of the rent in a seperate account. You did not follow the law...

Also, on a side note, don't know if it matters, but he has not been paying HOA or the mortgage, the home is in foreclosure. We receive letters weekly from attorneys.

Does not matter.

We do plan to leave, and are looking for something immediately, but if he were to go down to the court to begin eviction process, how long do we have?

As a FL landlord I strongly advise you to negotiate a solution with your landlord. If the court agrees to an eviction you will have this on public records for the rest of your live. Most landlords check court records.

 

[FarmerJ]

How come you have not called your city building inspections desk and complain about the repair not being done?

 

[HRZ]

Perhaps. but if LL is in front of a judge unimpressed with LLs getting known leak cured . and you raise defense that your emailed offer re abated rent and an emailed OK from LLs agent was binding upon LL ...well ?...