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#456460 - 01/26/17 07:22 AM Tenant withholding rent in Florida
mcpropmgmt Offline
Junior Member

Registered: 01/26/17
Posts: 3
Loc: FLORIDA
I have a tenant that sent us a letter a full 5 days after her rent due date saying that since we haven't done any repairs, she deems the property unsafe and is breaking her lease. I have invoices to prove we have made repairs! She is lingering in the property and intends on staying there until Feb 2017, this was noted in her letter. Shouldn't she be moving out right away? I know when the Landlord or gov't agency deems the property unsafe, or uninhabitable, they have 7 days to vacate but cannot find anything for the tenant. All I find is the conditions that should be met when a tenant decides to withhold rent for non-repair. Need help!

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#456461 - 01/26/17 07:37 AM Re: Tenant withholding rent in Florida [Re: mcpropmgmt]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7717
Loc: Vermont's North-East Kingdom
Has the Tenant reported the property to the local Health Department or to the Housing Authority; and does she provide any evidence of their inspection results ?

Are you holding a Security Deposit ?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#456463 - 01/26/17 07:53 AM Re: Tenant withholding rent in Florida [Re: Vermont]
mcpropmgmt Offline
Junior Member

Registered: 01/26/17
Posts: 3
Loc: FLORIDA
No she has not. I've thought about calling code compliance myself to call her bluff! The only evidence she supplied was her letter of intent to withhold rent. She mentioned issues we have repaired and other cosmetic issues like a cracked marble window sill, a kitchen light fixture is too low, fridge kick plate is broken off etc. The only on going issue we've had is the master shower loses pressure. Handyman disassembles the shower head, cleans it out and it works fine for a little while but she never reported it to be a problem a second time. We have had another issue where the ground outside is soft, kind of like sand but not real bad. Plumber checked septic and plumbing lines and all was ok, no leaks were detected. I am almost 100% sure it's because she can't afford the home any longer. The home is not 100% no, but it is a safe environment and have no qualms saying that.

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#456464 - 01/26/17 07:54 AM Re: Tenant withholding rent in Florida [Re: Vermont]
mcpropmgmt Offline
Junior Member

Registered: 01/26/17
Posts: 3
Loc: FLORIDA
Sorry yes we are holding a security deposit

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#456465 - 01/26/17 08:47 AM Re: Tenant withholding rent in Florida [Re: mcpropmgmt]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7717
Loc: Vermont's North-East Kingdom
She's probably expecting that the Security Deposit will now serve as her Last Month's Rent. If you don't want that unilateral diversion of the Deposit away from its intended purpose to occur without your first inspecting the premises for any damages, then you ought to schedule a visit to the Property at your earliest convenience (with a camera).

I'm not knowledgeable regarding the Landlord/Tenant Laws that are specific to Florida; so someone else may chime in here; but I think you'll probably be well served by obtaining local Legal Counsel in this matter before it gets out of hand.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#456504 - 01/30/17 02:19 AM Re: Tenant withholding rent in Florida [Re: mcpropmgmt]
barb43 Offline
Veteran Member

Registered: 07/31/08
Posts: 1156
Loc: SW Okla
She's likely quite a scam artist. If you really, really knew here rental history, you'd likely find out she's pulled stunts like this before.

Here, in Oklahoma, we have 15 days to correct a problem once it is reported. Withholding rent is not permitted, by state law.

Don't let this woman pressure you - she's trying to scare you.

Here, we us a "Pay or Quit Notice", which advises the tenant to pay up because their rent is past due or we will file to evict. By state law, we have to give them 72 hrs to pay up before we file in small claims court.

I don't know Florida law, but it's worth having an attorney you can call and consult with. wink
_________________________
Remodeling houses & helping tenants get ahead in life since 1983. Licensed Realtor since 2005.


LIMITATIONS: Until You Spread Your Wings, You'll Have No Idea How Far You Can Walk. - despair.com

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#456520 - 02/01/17 12:04 AM Re: Tenant withholding rent in Florida [Re: mcpropmgmt]
Bigtoe Offline
Major Contributor

Registered: 10/14/07
Posts: 2238
Loc: Outer Banks
I agree with barb. You are getting played.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#459117 - 09/15/17 06:44 AM Re: Tenant withholding rent in Florida [Re: mcpropmgmt]
simon94bob Offline
Member

Registered: 09/14/17
Posts: 31
Loc: USA
I also agree with barb.
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