My landlord is trying to put me out for non-payment due to the fact I didn't pay rent. Before he even tried to evict me I gave him notice to withhold rent for not making repairs. The landlord also has several code enforcement violations and no repairs still made.
Yes, of course; and you are about to 'self-lawyer" yourself and family into an eviction if you are not careful. See a good local tenant lawyer - or pay your rent immediately (i.e., before the 3 days are up)
If this is a residential tenancy, then you should be advised that residential tenants do NOT have the right to withhold rent in Florida. Not sure where you got that you could do that! - but you just got some bad advice.
There is a narrow exception for "material noncompliance" with a Local Code, but you would have to be able to prove that, and (even with a few ALEGED "code violations!) odds are - you can't (or you wouldn't still be living there).
What's more, you are, in fact, about to be EVICTED - or, more specifically, the landlord is about to do the TYPICAL thing landlords due when a tenant withholds rent - FILE the eviction complaint. Alas, that FILING ALONE (no matter what happens in the eviction, win or lose) will be on YOUR public record a long, long time, making it almost impossible to rent anywhere. It's a big mistake you regret for along time.
In any event, if you continue on this path when you receive the complaint you will be ordered by the court to put the rent in the court registry (or you automatically lose) so be sure put that rent aside and not to touch a dime.
You do have remedies if the LL will not make repairs; it's just that withholding rent is NOT one. If you consult with a good local tenants lawyer (i.e.,instead of WH rent and calling Code Enforcement on the LL) he or she can explain the proper approaches and remedies available.
Hope this helps,
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I agree, you have no right to withhold rent in FL under your facts so you have 3 days to pay the rent or be evicted. Your remedy may be to issue a 7 day notice and day 8 move out.
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You betcha.....and you are on a fact track to Google Lawyering yourself into an eviction lawsuit not realizing that the filing of an eviction lawsuit alone may prevent you from renting anywhere decent in the immediate future. As the primary remedy is to terminate a tenancy and move, not force the LL to fix things so you can stay, you are making some reckless legal decisions. if you are going to tangle with a landlord it should not be done without hiring a tenant lawyer to address issues properly.
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