Many Tenants in the State of Florida incorrectly believe that they have the right to withhold rent from their Landlord if their Landlord has failed to make the necessary repairs in the property. While a Tenant does have the statutory right to withhold rent, they are still required to follow the proper procedures outlined by Florida Statute 83.56 and 83.60. Prior to taking withholding rent, a Tenant must give their Landlord a seven (7) day notice letter prior to the commencement of the next rental period that if the Landlord fails to remove the violations in the property, the Tenant intends to withhold rent. If proper notice is not given to their Landlord and the Tenant withholds rent, the Landlord can still proceed with the eviction of the Tenant.
Pursuant to the Lease and Florida Statute, a Landlord and a Tenant both are contractually obligated to comply with the terms of the lease. While both the Landlord and the Tenant are given certain rights by law, providing notice to the respective party must be complied with. If you are a Landlord in the State of Florida and have a Tenant that is constantly withholding rent because of alleged violations in the property, you can still commence Eviction Proceedings against the Tenant if the Tenant has failed to give you the required notice. Contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552 to learn about your rights as a Landlord as well as your ability to remove a Tenant that is improperly withholding rent for failing to give you proper notice. Our office is open twenty-four (24) hours a day, seven (7) days a week.