Are texts sufficient written notice to terminate my lease on the grounds of uninhabitable conditions per statue 83.56?
I have been making all my rent payments out to the landlord's son and communication has been solely through text messaging. I have been dealing with rats and fleas for the past several weeks. After being unable to rid them myself I texted the landlord's son 11 days ago. They sent pest control to do routine maintenance and to place traps for the rats. However the fleas have not gone away. The landlord's son came up this past friday and I asked him to bring flea traps or spray and he did not. I also told him that I have not been living in the house since this past Wednesday as it has been unbearable. My ankles are covered in bites and upon my return to the house tonight to check on the traps I was covered with 5 or 6 fleas. What must I do to terminate the lease or withhold rent?
To answer your first question - no, a text is not a "writing" sufficient to terminate ANY contractual agreement. Also, there is no provision in the Florida Landlord Tenant Act that allows for withholding rent. When at an impasse, you must pay rent into the court register where it is held in escrow until your situation is sorted out. You need to read and follow the statute precisely and read the provisions of your lease, which may control your options. Minimally, you need to (IN WRITING) notify your landlord (or whomever is named on your lease agreement) of the flea/rat situation and give them notice of your intent to vacate. You MUST follow the format specified in statute 83.56!!
Carol Johnson Law Firm, P.A. : (727) 647-6645 : [email protected] : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
