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Florida landlord wrongful eviction process

Miami, FL |

I am renting a 2 bedroom efficiency my lease was signed may 15th stating $1100 every 15th, 2 months later she says we have to start paying the 10th because she forgot what day her mortgage was due, now 4 months in she wants to raise th rent 100 dollars. my rent includes all utilities and she tells me i cant have my a/c on during the day she wants me to set it at 85 its summer (august) and i have 3 kids home with me. my children are suffering because she also says we cant run a fan. we also investigated a little in the house due to a hole in the roof and there is no insulation in the roof. landlord now wants to break the lease and make new one, when we refused and agreed to a adjustment she says we have to move or she will evict us. we asked for our deposit back and she is refusing.

Attorney Answers 1


  1. Do you have a written lease? Your obligation is set by the written agreement, not by her desires after the fact. You are required to pay rent on the 15th, not the 10th. You set the AC to the level you want. Do not pay the extra $100/month that she wants. Stick to the terms of the lease. If she tries to evict you just be sure to find a tenant's attorney as soon as possible. When the law suit is filed you can pay the rent to the registry of the court and request a hearing to explain what the landlord is doing and why you do not owe any other money. The landlord made a bad deal and is stuck with it. If the landlord cuts of your power or locks you out or takes any such action you may be entitled to three months rent from the landlord.

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