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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34763
Experience:  Attorney over 16 years, landlord 26 years
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My landlord has not completed all the work that is supposed

Customer Question

My landlord has not completed all the work that is supposed to be done in the house. Including my kitchen, washer and dryer, broken window in the bathroom and the workers garbage in the florida room and other things. My rent is $2500 and I told him I would pay $1,000 because of everything wrong. The owner wants $1500 and just put a 3 day eviction notice on the door because of the extra $500 that he wants. They also did the kitchen illegally without a permit. What can I do?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did the landlord start the work while you were already living there or was this supposed to be done before you moved in?

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Are you able to use the kitchen at all to cook and prepare meals?

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Do any of the problems make the property uninhabitable, not just that they are irritating problems?

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Did you send the landlord any type of written notice telling him you will withhold rent if he doesn't repair the problems?

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thanks

Barrister

Customer: replied 5 months ago.
He was supposed to be done with the kitchen and work the first week I moved in. I moved in on Aug 3rd and it was supposed to be done Aug 5th. Its still not completed and the only work has been in the kitchen. I can still not use the stove and all the cabinets aren't competed. The flooring and painting isnt completed either. I cannot cook or prepare meals. Everything I do is in a microwave that is in the dining room.
Well I can't use the florida room because its half filled with the workers garbage. There has been the Zika virus where I live and the window in the bathroom cannot be closed so I have to keep the bathroom door closed at all times.
Yes i had emails, calls and text about withholding rent and I was only going to pay him $1,000 for last month and the owner wants $1500. I told him yesterday and today that I would meet him in the middle and give $250 on top of the $1000 that I already paid him.
Expert:  barristerinky replied 5 months ago.

Ok, under FL law, if there are substantial problems with the property, then if you give him written notice at least 7 days long, you can then withhold rent until repairs are made. See FL Statutes 83.60..

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If he then tries to evict you, you can use your notices to him as evidence to fight and defeat any eviction action...

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""(1)(a) 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),""

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""(b) The defense of a material noncompliance with s. 83.51(1) 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. ""

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thanks

Barrister

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