Florida Statute 83.60 Defenses to action for rent or possession; procedure

If you expect this law to work you must first send a seven-day notice to the landlord stating what repairs are needed.  Even though the law clearly states two options, but the local judge only recognizes the 7-Day Notice to do the repairs even if you have court case after case from the Florida Supreme Court stating differently. The Florida Supreme Court also states that before an eviction can be given, a Rental Termination Notice must be given, but don’t believe that either.  On a local level, the judges do not recognize that law either.  

Non-written lease which is month to month, Florida Statue 83.57 (3), “When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and”.  The Rental Termination Notice is mandatory in an eviction case, Florida Supreme Court Ruling Ferry-Morse Seed Co. vs. Hitchcok, 426 S.2d 958, 961 (Fla. 1983).

1)    In order for a landlord to maintain an action for tenant eviction for non-payment of rent, the landlord must first give a three-day notice that complies with the statutory requirements of Section 83.56 (3) of the Florida Statues, and

2)    Second properly terminate a tenant’s rental agreement prior to filing a complaint for eviction, Florida Statue 83.56 (3). 

3)    If the landlord gives the statutorily required three-day notice, and

4)    Properly terminates the rental agreement, Prior to filing the eviction action,

5)    Then if the tenant raises any defense other than payment, only then

6)    The tenant must post the rent into the Court Registry or the landlord is entitled to a default judgment pursuant to Section 83.60 (2) of the Florida Statues.  Park Plaza Associates Ltd. vs Glenn D. Paraday and Deborah A. Paraday, Case No. 99-05843 COWE (81) [6 Fla. L. Weekly Supp. 730c] decided by the Honorable Jane Fishman on August 20, 1999.

Step 6 is eliminated if the Rental Termination Notice is missing.  A quote from Vance Lee, Plaintiff vs. Robert Partone, Defendant.Due to the fatally defective Three-day Notice, and Plaintiff’s failure to terminate the rental agreement, prior to filing the complaint for tenant eviction, an essential element of Plaintiff’s cause of action cause of action was missing, and there was no requirement for Defendant to pay rent into the Court Registry.”

 

 

83.60  Defenses to action for rent or possession; procedure.–

(1)  In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s. 83.51(1) [F.S. 1973], or may raise any other defense, whether legal or equitable, that he or she may have, including the defense of retaliatory conduct in accordance with s. 83.64. The defense of a material noncompliance with s. 83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord’s representative as designated pursuant to s. 83.50(1), a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) [F.S. 1973] by the landlord is a complete defense to an action for possession based upon nonpayment of rent, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s. 83.51(1) [F.S. 1973]. After consideration of all other relevant issues, the court shall enter appropriate judgment.

(2)  In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent which accrues during the pendency of the proceeding, when due. The clerk shall notify the tenant of such requirement in the summons. Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant’s defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon. In the event a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. Public housing tenants or tenants receiving rent subsidies shall be required to deposit only that portion of the full rent for which the tenant is responsible pursuant to federal, state, or local program in which they are participating.

32 Responses “Florida Statute 83.60 Defenses to action for rent or possession; procedure” →

  1. Michelle

    November 6, 2008

    I have a question. My landlord filed a defective 3-day notice. Her amounts were incorrect because she included late fees and security deposit for dog. The judge hammered out the correct amount and, although he ordered her to serve a correct 3-day notice to me, he ordered that I pay the correct amount into the registry that day.

    Is that legal?

  2. Actually No. The trouble is that the judges do not recognize the Florida Supreme Court Rulings. Do you have a lease? In not then the court is suppose to follow Florida Statute 83.57.

    Florida Statue 83.57 (3), “When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and”. The Rental Termination Notice is mandatory in an eviction case, Florida Supreme Court Ruling Ferry-Morse Seed Co. vs. Hitchcok, 426 S.2d 958, 961 (Fla. 1983).
    1) In order for a landlord to maintain an action for tenant eviction for non-payment of rent, the landlord must first give a three-day notice that complies with the statutory requirements of Section 83.56 (3) of the Florida Statues, and
    2) Second properly terminate a tenant’s rental agreement prior to filing a complaint for eviction, Florida Statue 83.56 (3).
    3) If the landlord gives the statutorily required three-day notice, and
    4) Properly terminates the rental agreement, Prior to filing the eviction action,
    5) Then if the tenant raises any defense other than payment, only then
    6) The tenant must post the rent into the Court Registry or the landlord is entitled to a default judgment pursuant to Section 83.60 (2) of the Florida Statues. Park Plaza Associates Ltd. vs Glenn D. Paraday and Deborah A. Paraday, Case No. 99-05843 COWE (81) [6 Fla. L. Weekly Supp. 730c] decided by the Honorable Jane Fishman on August 20, 1999.

    Step 6 is eliminated if the Rental Termination Notice is missing. A quote from Vance Lee, Plaintiff vs. Robert Partone, Defendant. “Due to the fatally defective Three-day Notice, and Plaintiff’s failure to terminate the rental agreement, prior to filing the complaint for tenant eviction, an essential element of Plaintiff’s cause of action cause of action was missing, and there was no requirement for Defendant to pay rent into the Court Registry.”

    You will need attorney to get this straighten out and that cost money. If you are a Section 8 you can go the Legal Services of Greater Miami located at 3000 Biscayne Blvd and the service should be free.

    Good Luck and hope this will help. Just remember that if you do not put the money in the Court Registery you will be evicted. Read up on the Florida Statutes Chapter 83 Part II.
    You can find the Florida Statutes through my Website http://www.miamicomplaints.com.

    Get back to me if you need more help.
    Thank You
    Ron

  3. if the landlord excepted a part payment of rents owed after the 3 day notice is the eviction still good or does he have to start from day 1

  4. my landlord was in default when he did a lease as well 1 year behind on his hoa in which he charged me for ,he made a deal by email to give me my money back if i moved out by the day we agreed to i did but he backed out of that deal.as well as telling me not to pay rent and then giving me a 3 day notice to get out do i have any rights in florida.

  5. i got to mediate on 4-7-2009 what are my chances of winning this case due to me not paying him for the past 2 months inwhich he told me not to pay what would be a goood defenses since i dont have anything to prove verbal except the phone that she called that day on but i got all emails on the agreement i did except,


  6. wahm23

    May 18, 2009

    I never got back to thank you for the answer because I was evicted. The judge basically told the landlord to serve a correct notice and yet he also demanded I pay into the registry before she did so. She didn’t serve the notice; I didn’t pay.

    Ahhhhh the justice system… such a lovely thing.


  7. mvduvall

    October 15, 2009

    Ok….what if the landlord came up to the tenant’s residence and pulled a gun, in self defense the tenant had punched the landlord in the face and took the gun. Yes, the police were called. The tenant refused to press charges on the landlord. Anyhow the next day or so the tenant was served with a 3-day notice and now a 5 day notice and they have a court date. So the eviction is in retaliation of his own stupidity and got a nice black eye. Is this legal grounds for a eviction? The tenant has been paying the rent and has never been late.

  8. In your case I would talk to an attorney to be able to find out what you can do. I do not know exactly what happened and do not have a copy of your lease. Make sure you take your lease, if you have one, and check with an attorney. This will cost you unelss you are a Section 8 with the government in which you can have them handle this for you.
    An attorney will most likely cost a thousand to start but if you win your case the landlord will have to pay your legal fees. Do not try your case without an attorney because you will lose for sure.
    Good Luck
    Ron

  9. Our tenants did not pay the April rent, they told us flat out they will not be paying it because they are upset that we are not renewing their lease. It was said from the beginning that the lease was for 1 year only & that was why we did not run a background, plus the wife was pregnant, so we were dumb. We submitted the 3 day notice once the grace period was up & had not heard from them, & had gone twice to pick up the rent. We waited for the time in which they said they will not pay. We took them to court for eviction & they answered the judge, did not send us an answer, but I see why. They lied to the judge stating they paid the April payment with the March payment, simply not true! They always paid cash, we would give them a receipt & they also would have my husband sign their piece of paper showing the date & amt paid, which we did in good faith. They also wrote that they had found a place & were leaving at the end of April. We saw the answer on 5/6/14 by going to court & we astonished by the false statements she placed in her answer. We immediately ran to the house to see if they really had vacated but of course they have not. We are going to hearing on 5/15/14. Now 2 mos rent is due. Then since they told us they have been thru this many times I ran a public records search and found they are convicted felons, one of their charges is theft and also failure to return leased property and have been evicted 4 times since 2010, basically every year.Can I show the public records of their criminal charges and the prior eviction notices?

  10. Sorry to hear about your problem with your tenants. I hate bad tenants as much as I hate bad landlords. There are good tenants and good landlords out there adn I am tryoing to help both. Some of the laws are good but the enforcement are not. The problem your having is not uncommon. Since you did the three day notice you should read up on the Florida Statutes Chapter 83 Part II Residential Tenancies

    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083ContentsIndex.html&StatuteYear=2011&Title=-%3E2011-%3EChapter%2083

    Read section 83.56 and there are a few others for you to read too. Understand the procedure. You are going to court on May 15, 2014 an at this time the Tenants should have to put any money into the court system if they plan to fight this. Chances are that they know this and will not show up or if they do then I would ask the judge to have them removed from your home. Just make sure yoou have all of your paid receipts from them and all other documents you think you need. Just in case the judge is a bad judge and you do not get what you want, them out, then hire an attorney. Just remember that I am not an attorney and I just give you information on how my experiences have been. Read over the Florida Statutes and also read over your contract at the same time.

    i hope the best for you on May 15, 2014.
    Ron Norman

  11. Thank you, Mr. Norman. This weekend we found they have abandoned the property. We still however would like to attend the hearing this Thursday, chances are they will not show. They have not deposited any monies into the registry. Are we able to enter the property to check for damages?

  12. Glad they are out. Check your lease on what it says about the owner going in and doing repairs. Also I don’t remember but checkout the Florida Statute Section where tenants abandon property. You will either have to check with an attorney on that or wait three days for the court decision. Just make sure you are there at the Court Room on your Court Date, very important.
    You can go after these people for your money but the chances are you will be taking good money and putting toward bad money. Unless they have a good income and property to attach it will be wasting your good money. You would have to check with attorney on that too. I have won law suits and have never collected the money.
    Hope they didn’t destroy the property and you can move on with just a little lost.

    Take care and good luck.

  13. I received my eviction summons. I was given a 3 day notice which Iwas still unable to pay rent within that time. Due to transitions at work i.e went from salary to hourly, new accounting then I got sick severe upper respitory infection & acute bronchitsis this all resulted in a major loss of hours which hit me financially. I did leave return my landlords call and left a message explaining I would try to make payments and also that I tried to get emergency rent assistance from local charities and only one has the funds and they are processing my intial request I have not been approved as of yet. That was it as far as communication goes. i also was not notified of lease termination between the 3 day notice and eviction notice. I also informed management twice by phone and once physically in person the beginning of February that my A/C & heater unit completely crapped out. I was informed they had ordered 9 units but could not tell me when they could install one. The maintenance man came and worked on the unit but the heat still does not work to this day and the A/C works when it wants to and only if I leave the unit running on max in order for it to occassionally kick on which results in $200 electric bills and I have to run my floor fan. Now almost 3 months later mold has started to resurface due to the A/C not being replaced which I do have recent photos of. There is a mold addendum in my lease which says to run the A/C reguarly to prevent mold but my as I said they have yet to replace the A/C. I have the rent and late fee which I am going to deposit into the registry with the court and file my written response as to why I should not be forced to move the reasons stated above that I cured rent and the A/C issue. What are my chances of winning the eviction and being able to stay?

  14. Hi Tonya
    Sorry to hear about your Landlord Tenant problem. First of all if you did not write a letter stating that there were problems and that they had seven days to fit the problem, then call an attorney. The letter will and would work in court but no letter you have a major problem.
    You can call Legal Services of Greater Miami, Inc. located at 3000 Biscayne Blvd. Suite 500 Miami, Florida 33137 305-576-0080 and you may get some help there. Their services are free for alot of cases but they will help you in one form or another. If may take a week for them to call you back.

    You said that you came down sick, could that be because of the mildew in the building. You may want to talk to an attorney about that, too.

    Another thing that you should do is call your local state representative, House and Senator, and tell them to fit the Landlord/Tenant Laws, that they are stacked against the tenants on getting things fixed. Also tell them that the Landlord Tenant Laws are not publicized enough on the abuse of landlords. Ask them to review the laws and fit them.

    Good Luck
    Ronald Norman
    Landlord/Tenant Laws

  15. But basically it looks like I am going to have to move and have the eviction on my record and incur all the costs because I did not produce something in writing. I guess this will be a lesson learned. I am still going to respond and ask for the hearing.

  16. If you get an attorney, your chances are much better at winning but that costs money. If you read the Florida Statutes Chapter 83 – TITLE VI CIVIL PRACTICE AND PROCEDURE
    Chapter 83, Part II, you will have a better understanding of the laws but keep in mind that the judges do not like you if you do not hire an attorney. Unwritten Law. All judges were or still are attorneys.

    Also remember that once you ask for a hearing that you will need to put your rent money into the Court Registry. It will cost you more money for the rent each month you need to pay your rent. Check and see what it will cost by calling the Court House and asking. The raised the percentage.

    Write everything down with the problems you have had and still having. Keep a record of everything, dates and names of who you talked to.

    Good luck

    Ron

  17. Moved in. Paid all monies. But NOTHING worked! Dryer out, dishwasher didnt work, refrigerator freezer didnt work, disposal didnt work, faulty wiring in living room. Called landlord contact maintenance man. Several days. Informed will stop payment on security deposit (first and last paid by money order) if not fixed. Handyman showed up. Handed him letter of repairs. Dryer replaced. Played with electrical wiring. Week later informed handyman wiring not working, dishwasher not working, freezer not working. no response. 2nd month in fire in attic with A/C due to faulty wiring. ten days new A/C installed. living room wiring still not fixed. 3 weeks later permit inspection for AC Failed. Wiring still not fixed. Inspector noted wiring in report. 16 days later still no AC follow up and no wiring fix. Filed code enforcement complaint. Several appts with AC and electrical. 5 months later AC inspection finally cleared. Wiring supposedly fixed. Code enforcement complaint still active. 3 day notice received with incorrect amount due. Didnt pay. eviction summons received. Answered. Request for motion to determine rent. Judge said determination of rent is performed in damages suit if landlord decides to bring to court. Atty for landlord acknowledged faulty amount on 3 day but said that since this is a new month the amount is now correct. Eviction judgement obtained by landlord. Will an attorney help me sue for unlawful eviction against these doctors who own this house?

  18. Sorry about the problems you are having. As I read your statement her. You need to put everything in context and not jumbled up. Clarify the stuff in order by dates if possible and from now on keep an exact record of everything that goes on between you and the landlord. Writes the dates down in order and what was said. Try to put as much as possible in writing. This will help later and you will need it to be able to talk to an attorney.

    Now going to court, you will have to pay the rent plus a service fee. This has to be paid or you will be evicted immediately.

    One other thing that is very important to do is write to your representative and tell them that the Landlord/Tenants Laws are stacked against the tenant and that you would like him/her visit the Landlord/Tenant Laws and fix the problems.

    Then if you would send a copy of your complaint to Ken Russell at the City of Miami. krussell@miamigov.com
    He is the District 2 City of Miami Commissioner and we are going to try to fix the crooked Landlord/Tenant Laws. Also contact your State Representative since they have the power to make changes to the state laws.
    We need to push the local Elected Representatives to push the State Representatives to make changes. The State Representatives are not listening to the people period.

    When you get things organized, then contact Legal Services of Greater Miami at 3000 Biscayne Blvd. Suite 500 Miami, Florida 33137, 305-576-0080 and get better information from an attorney. Do this immediately.

    You may have to hire an attorney or try to take it to Small Claims Court and Legal Services should be able to help with that. Attorneys will ask for money up front.

    If you have any more questions please feel free to contact me again.

    Ronald Norman

  19. My landlord put a piece of paper on our door stating

    “THREE DAY NOTICE PURSUANT TO F.S. 83.56(3)

    To: Courtney Marx and my roommates name
    Address inserted here

    You are hereby notified that you are indebted to me in the DPM associates, Inc. (“Landlord”) the sum of $450.00 dollars for the rent and use of the premises located at the address was inserted here as well, now occupied by you and Landlord demands payment of the rent or possession of the premises within 3 days ( excluding Saturdy, Sunday, and legal holidays) from the date of delivery of is notice, to wit: on or before the 8th day of October, 2015.

    He inserted his name
    Signed his name
    DPM Associates, inc.
    Then put his p.o. Box
    And his number

    Checked a box saying saved by hand delivery this 12th day of October,2015

    But instead of it saying October he scratched that out and wrote in January 2016 then initialed DM”

    He said this paper was posted because we got a dog prior to consent from him.
    I want to know if this is legal.
    And if so why does his say including today, January 12th, the actual day of delivery.. When the Florida statue states excluding the day of delivery. Also what course of action can I take in order to not be evicted and go about this the right way.

    Thank you so much.

  20. First of all I think that it is not legal but check with Legal Services of Greater Miami at 3000 Biscayne Blvd, Suite 500, Miami, Florida 33137. Phone : 305-576-0080. If you give them a call it won’t cost anything for advice. Just make sure you have all documents handy and in order by dates. Write everything down.

    The reason I believe it is illegal is that he must give you 7 days to correct a problem in writing about the dog.

    If you have any other questions feel free to contact me again.

    Ronald Norman

  21. I can call this number even if I don’t live In Miami?

    Also, should he have taped a different form on my door.. Seeing how the 83.56(3) states I did not pay rent when in fact I did pay my rent on time.. I just didn’t notify him before I got a pet.

    Thank you so much

  22. Since you did not notify him/her about your pet, then he must give you seven days to fix the problem. In your case, remove the pet. Did you contact Legal Services of Greater Miami and ask them about this? I am sure that the non-payment notice will not do him any good but once he gives you the notice to fix the problem then he can ask you to move if not fixed.

    Remember that you will have to go to court to if you pursue this. That is costly.

    Also, make sure you have your rent receipts. Also another part of the equation is if you have a contract or not. Even if you have a contract he/she still must give you a seven day notice to fix the problem.

    The laws that we refer to is the Florida Statutes which is good for all of Florida. The main problem determines on how much of your court system has been bought off. The people running the system depends on donations and the judges and state representatives depends on that to get elected. To fix the Legalized Bribery Vote for Bernie Sanders in this upcoming Election. Tell your friends to do the same. Also you can join Wolf-PAC.com and help there too. Both will help stop this problem and many more to come.

    Contact your state representatives and ask them to make change to the Landlord/Tenant Laws. After complaints are made then they may start making changes. Without the complaints they will do nothing.

    If you have any other questions feel free to contact me again.

    Ronald Norman

  23. I really hope that this is answered before Monday. I got a 3 day notice on 1/5/2016 to pay my rent of 1375.00. The expiration date on this notice would have been 1/8/2016, a Friday, I wire transferred 1350 to my landlord’s account on 1/9/2016, it was in his account on 1/11/2016. (It costs me 25 dollars to wire transfer, and he won’t accept a check by mail). On 1/11/2016, he sent back a wire of 1305 (1305, 45 less than I sent to him). I received the official 5 day notice, took a cashier’s check to the Clerk of the Court 2 days later for the full amount of 1375.00. Do I have ground in this eviction hearing? He is stating that I refused to pay, and I provided all of the information, including wire statements of my wire to him, and his back to me when I gave my Cashier’s check of 1375 to the Clerk. I cannot afford a deposit on a new house, therefore I have nowhere to go. I work from home, it is imperative for me to have a home. Thank you in advance.

  24. First I want to tell you to contact Legal Services of Greater Miami at 3000 Biscayne Blvd. Suite 500, Miami, Florida 33137, 305-576-0080. They should be able to give you better details on your case because you have not given me enough details like what kind of lease do you have, is it an house or an apartment and if it is an apartment is it five units or more? They are attorneys and I am not.

    Get all of your information together and put it in order by dates. That includes when you talked to the landlord, got your notices, when they were sent back and why did he send it back? Write all of it down in date order. Keep it to the facts and to the point and no hear say. Keep another detailed record of the money and time you spent on this.

    To get more information about what to expect read the Florida Statutes, Title VI, Chapter 83. Read 83.56 Termination of Rental Agreement, 83.561 Termination of rental agreement upon foreclosure, 83.57 Termination of tenancy without specific term, 83.575 Termination of tenancy with specific duration, 83.59 Right of action for possession, 83.595 Choice of remedies upon breach or early termination by tenant, 83.60 Defenses to action for rent or possession; procedure, 83.61 Disbursement of funds in registry of court; prompt final hearing and 83.67 Prohibited practices.

    Check out more just in case I missed one. The more you know the better. Also contact your State Representative and tell them that changes need to be done to the Landlord/Tenant Laws. Keep a detailed record of what happened to you during this and bring up to your representative the problems you have like the Landlord refusing your payment.

    The Landlord has to follow the law to be able to evict you. That is giving out the correct notices in order and such. Legal Services of Greater Miami should be able to clarify the Florida Statutes for you so make sure you have your questions ready for when you talk to them. Now you stated that you gave or tried to give your rent to the Court. Did a judge order you to do that? That is what happens after you go to court and not before.

    That’s all that I can think of at the moment. Any more questions please feel free to get back to me. Also let me know how Legal Service worked out for you because they do not work totally like I think they should. They are short on money and don’t help out like I think they should. They still have free legal advice that you can work with.

    Good Luck
    Ronald Norman

  25. Hi there! I am evicting a tenant who doesn’t pay rent. I served him 3-days notice on Jan 11, 2016. He deposited Jan 2016 rent into court registry and filed motion to determine rent amount. Hearing about rent amount determination is set for April 05, 2016. So now Feb to Apr 2016 he is not paying or what? How can I be sure he will get evicted? Can they make him pay rent and stay? Thank you!

  26. Hi Lola
    the answer depends on many aspects that are not mentioned in your message here. If he/she put money into the Court Registry then you will have to go to court and you will not the rent until after the court date if it is not extended. It also determines on why you are evicting him/her. If it is because the tenant gave you a notice to fix any problems or not, and if the repairs are done or not. It also depends on if there is a contract or not.
    If you win the court case then you will receive all the money he/she put into the court system. The tenant will have to keep that up-to-date every month until the court date or they will be evicted immediately.
    If there is a claim such as needed repairs and they are not done then the judge has the right to adjust the payments and also have the right to stay. The real question is why did he/she not pay the rent in the first place? That will be what the judge will be working with.
    The tenant will have to have paid the January 2016, February 2016, March 2016 and April 2016 rent paid into the Court Registry before you go to court or they will lose. If it is paid then it becomes the question on why it wasn’t paid in the first place. I am not sure about what happened and when, but you have got to give the tenant seven days to correct the problem or problems before evicting them.
    Good luck with everything and hopes it works for you. You can find out more at: Florida Statutes
    Get back to me if you have any more question.
    Thanks
    Ronald Norman

  27. My tenant refused to pay deposit as it was agreed from the very beginning. I asked him to pay deposit he refused and we agreed he would leave but he stayed and started defaulting on paying rent. We had oral agreement but I have it in written in our correspondence too (I stated rent and deposit amounts and he accepted it by taking my rent offer). Now he is trying to get more time to live for free as I understand. It is very strange that it takes 2 months to have hearing to determine rent amount only but not evict him. Why so long? How judge can determine the rent amount if my tenant accepted my offer? Do they have Florida price rent regulation? How can anybody renegotiate my price?

  28. First of all, do not ever rent a place without a deposit, period. Money first, then they move in.
    I am not sure what you mean by this. “(I stated rent and deposit amounts and he accepted it by taking my rent offer)”. If it is in a letter or E-Mail and he/she greed it could be a stall tactic.

    There are not Rent Regulations in Florida. Am I right that you already went to court and the judge made him/her put the rent into the Court System? If not then you better read up on the Florida Statues because this can string for alot longer like six months to a year or more.

    Being the landlord gives you the upper hand but you have to follow the rules in the Florida Statutes Chapter 83.

    If I can help more please get back to me.

    Ronald Norman

  29. Im having an issue with my rental. Its an older house in Downtown Pensacola that hasnt been updated in 20+ years. Its a1300sq ft 2 story three bedroom home with one gas heating unit, that only heats two of the rooms, the one bedroom upstairs gets NO HEAT WHATSOEVER. and not even the living room gets warm from the heater thats downstairs. The electical outlet last week was melting and glowing red, which my rental company sent an electrician out who spliced wires and put a new cover on without actually dealing with the problem. So now im scared to leave anything plugged in whatsoever, down to my phone charger. Let alone a space heater, which we really need when it gets cold but we’re too worried about the electrical issues to use. Not to mention you cant use the microwave and a space heater or blow dryer at the same time without flipping a breaker (there’s only 4 breakers for this big house) i have a child and im really worried. The laundry room doesnt even a grounded electrical outlet (3 pronged) so in order to use the washer or dryer, we would have to use a converter from 2 prong wall outlet, like an extension chord kind of deal. Fuck that. I have a gas dryer and im worried about the electrical just all blowing up , the wood floor boards are breaking and bending in due to lack of support from beneath, and ive told the rental company all this. The frame around the backdoor is shit, anyone could kick it in with little effort. How the hell do i get out of this death trap of a house

  30. Does a hardship apply in Florida for non-payment of rent? That is to say, if you lost your job one day and discovered you are pregnant the very next and now not sure if you can pay next month’s rent?? Will they just evict for non-payment of rent if/when rent is not paid when due? Thanks.

  31. Congratulations on becoming a mother. The tragic side to your question is no. First thing you should do is contact Legal Services of Greater Miami and talk to them about your problem. They have attorneys that you can talk to free of charge and they also have other resources that may be able to help especially since you are pregnant. Their contact information is:

    Legal Services of Greater Miami
    3000 Biscayne Blvd.
    Suite 500
    Miami, Florida
    33137
    305-576-0080

    Don’t waste any time on contacting them. Make sure you have all of your papers needed with you such as any written notices, your lease and anything else that may be appropriate.

    Good luck

    Any more questions, feel free to get back to me….

    Thank You
    Ronald Norman

  32. Hi Lyssa First I am sorry about not getting faster. I have been sick with a cold. The Housing Rental Laws are a little different from 5 Units and up. Most of my dealing have been with 5 Units and up but most laws are at the same time the same. Like in your case the Electrical Inspections should be the same, safe.

    I do not know if you have a lease or not and what you can and can not do will be in the lease. Remember that the lease is not written for the Tenant, period. Just remember that what you do from here forward will not put you in good grace with the Landlord. This can set a preference from here and forward and not a good one. I want to you know that even if the laws clearly state that you are right.

    If you want to move the above should not be a problem except having a problem getting your Security Deposit Money back. The law states that the Landlord can hold up on paying it back for 30 days just by sending you a letter stating the he/she is keeping it for damages. What the law does not tell you is that for you to take him/her to court you will need to put up a few thousand dollars for an attorney or try to receive through Small Claims Court which will take up alot of your time filing the paperwork, either way, just for what less than a thousand dollars. Even if you win and the judge tells the Landlord to pay you , the judge does not tell you that you have to go after the money by putting up more money and filing more paperwork if the Landlord does not pay you.

    This is a very bad decision no matter what you decide. You will need to weight it out for your situation. These laws need changing. However, if you just want to get out of the contract call the City and ask for an inspection of the house for Structural, Electrical, Plumbing. Also have the Fire Department give it an inspection. Sometimes the Fire Department gets more done faster.

    If you want out you must also follow the the Florida Statutes “Title VI, Civil Practice and Procedures, Chapter 83, Part II, Residential Tenancies (ss.83.40-83.682). You will need to sand the landlord a letter stating that you want all of the necessary repairs done. If the repairs can not be done with you living in the house they will have to drop the lease. Read over most of the statutes. They all don’t apply like the clause for Military unless you are in the Military then read that too.

    You can maybe call Legal Services of Greater Miami and you should be able to talk to an attorney here over the phone. If they can’t help maybe they may know someone in your area. Their number is: 305576-0080.

    Before you do anything think what you are doing first by reading the Statutes and checking with an attorney first in your area. Follow the example letters within the Florida Statutes. Also keep a record of everything you do on a daily basics. Write one starting yesterday and try to keep it as accurate as possible on all talks and complaints ETC.

    If you have any other question please get back to me.
    Ronald Norman

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

%d bloggers like this: