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Our landlord sued to evict us after we gave him a 7 Day Notice for a list of problems. Can he get the money from the registry?

Miami, FL |

After 6 months of begging our landlord to fix a long list of problems - including a leaking floor, rats, mold and more - we called the city code inspection. We then served him a 7 Day Notice to Withold Rent. He responded with a 3 Day Notice, and then an eviction. We immediately paid our rent into the Court Registry, and filed a Motion to Determine Rent, for all the problems we have had. We continued to deposit rent monthly. He filed a Motion to Release those funds, and at the hearing (for the motions) the judge dismissed our Motion and granted him the funds. We are left scratching our heads while waiting for our trial. Is that legal? I thought that, if a landlord accepts money during an eviction, he waives the eviction. We are still paying into court until the trial is over.

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Attorney answers 2

Posted

In most cases the money stays in the registry until the hearing or trial but the landlord can petition the court to release the rent from the registry. As long as you are in the property the landlord is entitled to rent, the question is whether you are entitled to a credit or reduction in the rent for each month. If you don't have an attorney I suggest you retain one immediately so that you can properly prepare your case for trial.

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.

Asker

Posted

But does the release of funds nullify the eviction action?

Dennis Andrew Chen

Dennis Andrew Chen

Posted

No, it does not nullify the eviction. You need an attorney for the trial. Do not wait until a week before trial to look for one.

Posted

The judge probably granted the motion of he landlord because your 7 day notice was defective. The notice must be sent by certified mail return receipt requested. No other type of delivery is acceptable. You should consult an experienced real estate lawyer to help you in your dealings with the landlord.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

Asker

Posted

According to FL law, the only notice required to be sent via certified mail is the Notice of Claim on a Security Deposit. It's recommended in this case to send it this method but it does not render the notice defective, especially if the landlord does not dispute receiving the notice.

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