Throughout the State of Florida, there are many Tenants that believe that if there are violations on the property and the Landlord has failed to correct these violations, they have the right to withhold rent. Unfortunately for the Tenant, this believe is inaccurate. If a Tenant fails to give their Landlord proper notice that violations exist on the property or that the Landlord has failed to comply with the terms of the lease, the Landlord can proceed with Eviction Proceedings. A Tenant cannot withhold rent simply because they believe the Law gives them the right to do so. They must follow the proper procedure!
Florida Statute and the terms of the lease between the Landlord and the Tenant clearly outline the rights and obligations of both parties. Although both parties have responsibilities and obligations, if a Tenant chooses to withhold rent, they must first give proper notice as explained by Florida Statute 83.56. There are no exceptions to this requirement. If you are Landlord and have a Tenant that refuses to pay rent because they claim that there are violations on the property but have failed to give you proper notice to withhold rent, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552. Brian P. Kowal is always available to speak to you and will help you understand your rights as a Landlord.