How to Withhold Rent And Exercise Tenants Rights In Landlord Tenant Disputes In Florida
Consider the following scenario: You are renting a nice house in a decent neighborhood. You like the schools for your minor children and it is really close to your job. You have struggled with your finances at one time or another in the near distant past but have managed to improve your credit score dramatically by making a budget and sticking to it. However, your landlord, despite your numerous requests, simply will not have the roof leaks repaired from the thunderstorms several months ago. You do not want to move out and find another place to live for all of the reasons stated above. You have contemplated simply not paying the rent until the landlord fixes the problems. However, you are concerned that if you do that, the landlord will destroy your credit score. It is important for the tenant to understand that he or she IS able to withhold rent and exercise tenants rights in landlord tenant disputes in Florida. Of course, there is a correct method that must be used in order to withhold rent for a landlord's failure to properly maintain the property.
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Instructions
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First, the tenant should understand that if the dwelling unit is untentable, the tenant can exercise the appropriate tenants rights procedure and terminate the lease. In the resources section below, I have provide a link to another article that explains that procedure.
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Second, if the tenant wants to remain in the premises while withholding rent for the landlord's failure to maintain the premises, the tenant must serve a written notice upon the landlord specifically itemizing all of the landlord's non-compliance. The notice must be served twenty days before the next rental payment is due and must give the landlord twenty days to remedy the problem. Additionally, the tenant must specifically state that he or she intends to withhold the rent until the problems are fixed.
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Finally, it is hopeful that the landlord takes the tenant's notice seriously and cures the non-compliance. Assuming the tenant properly serves the written notice alleging that the landlord has failed to maintain the premises, if the landlord sues to evict the tenant for non-payment of rent, the tenant will have a complete defense to the eviction action.
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Tips & Warnings
It is important to note that, unless consented to by the landlord, it is improper for the tenant to make the necessary repairs and deduct such costs from the rent.
