Jan
02
As a landlord for a home in Florida what are my rights when my tenent withholds rent?
By
We had a waterline leak in the home. As soon as we were notified we called a plumber and a water extraction company, then filed a homeowner insurance claim. Everything was dried out and we are waiting to receive the money from the insurance company to do repairs. In the meantime and leak occurred in another area of the home. Same deal, called the plumber and water extractor and made another homeowners claim. We are waiting for the adjuster to go out for this claim. In the meantime our tenant has said she wants to break her 1 year lease after 6 months and is withholding this months rent until the problems are fixed. We have acted quickly to address the problems and the house has been habitable the whole time. What are my rights as a landlord when the tenants wants to break the lease and not pay because she has been inconvenienced?
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4 Comments
June 20th, 2010 at 4:17 pm
in emergencies the LL has 3-5 days to remediate. IN non-emergencies
the LL has 30 days.
you have surpassed this.
JUST wanting to leave means nothing; find out what their
losses are–excluding inconveniences. Maybe you need to cover
a hotel room for 1-5 days? FIND OUT from the tenant.
otherwise, they have no legal right to ignore the lease.
June 24th, 2010 at 12:42 am
withholding rent is not an option. she can pay it into an escrow account but withholding is not allowed.
start eviction process. if you have acted expeditiously in good faith a judge will rule in your favor.
June 24th, 2010 at 2:14 am
Withholding rent is illegal. You have the right to evict them for non-payment. They have no legal grounds to break the lease. If they leave anyway, then you can sue them for what ever lease break fees are stated in your lease.
Tenants always think they have rights or leverage when they do not. This tenant obviously does not know the laws.
June 27th, 2010 at 8:23 am
You cna evict for non-payment, but it is not acceptable for you to wait for insurance before you make repairs. You make repairs now, worry about insurance later, you are not properly maintaining your property this way and could be sued by your tenant.