The right of retention does not mean that you have the right to live in your apartment for free. Rent deduction is a way to get the landlord to make repairs. As soon as a landlord makes repairs, you have to pay the rent again. If the lease is terminated or the landlord terminates the lease for any of the reasons permitted by Florida law and you do not move, the landlord must file an eviction lawsuit (lawsuit) against you. The claim will be served with a subpoena (a notice from the court telling you what to do to respond) giving you 5 days, excluding weekends and holidays, to file a written response with the court where the claim was filed. For example, if you are served with a subpoena and complaint on Monday, you must file your response the following Monday. The best way to protect yourself while withholding rent is to take your rental money and set it aside in a separate bank account from any other bank account you have. (Don`t keep money in your home.) While the law doesn`t require you to deposit your rent with a bank, there are several reasons why it`s a good idea. If a tenant receives documents requesting eviction, they must seek legal assistance immediately. The tenant may have legal defenses.
For example, the landlord cannot try to get through the eviction with a tenant if the tenant has not breached his obligations. In order to defend themselves in an eviction proceeding, a tenant usually has to pay the rent late in the court register, if any, and the rent that becomes due during the proceedings. A tenant who disputes the amount of rent claimed can ask the court to determine the exact amount, but the tenant must show why the amount is wrong. In an eviction procedure, a tenant has very little time to react, so it is important to act quickly. If you answer yes to all five questions, you can legally withhold your rent and your landlord can`t evict you — although she can try. If a landlord tries to evict you and you have properly withheld your rent, your landlord may break other laws. See Chapter 12: Evictions – Punitive Evictions. Each eviction case is unique, so be sure to get legal advice. A landlord can NOT evict you just in retaliation for a tenant who complains to a government agency about violations of the Code or asserts other tenant rights. If your landlord refuses to fix a serious or dangerous condition in your home, such as mold, peeling lead paint, or a leak, or if your landlord doesn`t provide the essential services you`re legally entitled to, such as heating, hot water, gas, electricity, or adequate security, you can file a complaint with the housing court (an HP lawsuit) to ask a judge, Ask your landlord to make these repairs. If a landlord thinks you`ve deducted too much for repairs, they`re allowed to go to court to try to get some of that money back.
However, the law does not allow your landlord to evict you if the court finds that you deducted too much rent.57 It is also illegal for landlords to increase your rent for repairs you have legally made under the Repairs and Deductions Act, unless a court order allows for a rent increase.58 Although you have a legal right, withhold rent, your landlord may try to evict you. The best way to protect yourself from eviction is to make sure that you: If you can successfully prove the illegal eviction, the landlord will be liable to you for three (3) months` rent or actual damages, whichever is greater, plus attorneys` fees and costs. If the amount of damages you are trying to get is less than $5,000, you can easily bring a pro se (without a lawyer) lawsuit against the landlord in Small Claims Court. If the amount of damages you are trying to recover is more than $5,000.00, you must file your claim in County Court. Keep in mind, however, that if you sue your landlord for illegal eviction, you may be sued for damages, such as unpaid rent, incurred because of your tenancy. The prevailing party is entitled to court and attorneys` fees. If the seven days have passed and the landlord still hasn`t fixed the problems, you can withhold your rent. However, if you withhold payment of your rent, you should set that money aside, because if the landlord sues you for non-payment of rent, you will have to deposit all the rent owed with the court clerk until the matter is resolved. If the court finds that the deficiencies were not substantial, you could be charged with eviction, late rent, court costs and attorneys` fees. Use this legal instrument only when necessary. If not done properly, it can result in expulsion (i.e.
Rent was not up to date on delivery, rent was not saved, violations were minor defects, etc.).