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My waterheater is leaking and we informed he land lord, she did not fix the problem and it damaged alot of our property.

Fort Myers, FL |

We agreed on paying rent after the heater was fixed now we are getting evicted is there anything we can do?

Attorney Answers 2


You gave damages.

You have grounds to sue the LL.

Those facts may give you a defense to the eviction (about which you posted no facts.)

See a LL-T attorney.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Under Florida Statue 83.60, if you want to withhold rent due to a material non-compliance by the landlord, you must first properly give a 7 day notice to the landlord specifying the non-compliance. If you failed to give proper notice to the landlord, you may have waived that defense to a suit for eviction.

I recommend that you consult with a local attorney a.s.a.p. to review the specific facts of your situation.

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