Landlord’s Right to Evict a Tenant that Withholds Rent
Many Tenants believe they can withhold rent if their Landlord failed to make the necessary repairs. While they do have the right to withhold rent, they must follow Florida Statute Chapter 83.51 and 83.60. Prior to withholding rent, they must give their Landlord a 7 day notice. This has to occur 7 days prior to the commencement of the next rental period. For example, notice cannot be sent on October 26 if rent is due on November 1. However, if timely, the Landlord will have a difficult time evicting the Tenant because the Court may rule that they are at fault.
On the other hand, if the Tenant withholds rent without giving proper notice, the Landlord can proceed with the Eviction. Most Tenants are not aware of the Notice requirement although they may be correct that the Landlord has breached the lease. In addition, while the Court may recognize the wrongdoing, they will likely still rule for the Landlord.
A Landlord and Tenant must comply with the lease. While both have rights, providing notice is a strict requirement. If you have a Tenant that constantly withholds rent, you can still evict them if they failed to give notice. Contact the Law Office of Brian P. Kowal, PA to learn about a Landlord’s Right to Evict a Tenant that Withholds Rent. Our office is open 24 hours a day, 7 days a week.