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How much needs to be depositted to court registry when you are not paying due to repairs needed?

Oviedo, FL |

The repairs not being done are costing me a great deal to compensate living conditions. (laundry elsewhere waiting for electrician and bottled water waiting for water to be turned on) I can not afford the full rental amount and the additional costs to suppliment living needs at the same time. It took 3 mos. to get a plumber to fix the plumbing and now another month waiting on paperwork to take to the city which will still only qualify me for a payment program when i dont feel the bill should be my responsibilty since it was problem with his house. The outlet for the dryer caught fire and we are unable to use our laundry here and now have to repair or buy new dryer since the plug was burned also. We are at own expense to launder clothing now with no water and no dryer.

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Attorney answers 2


If eviction action already filed you have to pay the entire amount alleged to be due into the Court registry. You dont get to deduct the expenses from the funds to be deposited

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there is no eviction filed. I keep asking for repairs to be done. since i started asking for repairs he is threatening eviction but has not done anything more than threaten. (falsely) saying he could have me out in 2 wks if he chose to for any reason he chose. So if I send the letter (with seven days before rent due) do I start depositting on the 1st? And everything i read said i would have to have partial payment available so do i deposit entire rent or a percentage?

Barry A. Stein

Barry A. Stein


I am not sure what you are referencing about the letter being sent 7 days before the rent. Is this in your lease? I am unfamiliar with any statutory procedure which allows this. I am familiar with the procedure once eviction starts and you have to deposit 100% of the funds into the Court Registry. I am familiar with withholding to cover for expenses that were incurred in remedying the landlord's obligations. Running water is one, but having a dryer is not. I suggest you speak with an attorney locally to clarify what youare doing and how you go about doing it.


Send a letter giving the landlord seven days to make repairs. If the repairs are not made you can withhold a portion of the rent but you need to hold on to that money. If the landlord files an eviction action you will have to deposit the unpaid portion of rent with the clerk of court. You do not deposit the money until an eviction is filed and you have a case number. If an eviction action is filed you should see an attorney immediately. There are a few attorneys in the Orlando area that can help with this type of case. A few names are: Leonard Cabral, Jaisen Stango, and Dennis Chen. I included my name.

No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.

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