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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Real Estate Law
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Experience:  Lawyer,Former Broker and Just Answer Legal Mentor
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How to handle a landlord breach on contract and withholding

Resolved Question:

How to handle a landlord breach on contract and withholding rent. Landlord failed to keep hvac services contract in effect so I terminated my 6 year month to month lease - I am claiming landlord owes me and no rent is due as a result of breach. Can landlord evict and if so how as I want to vacate end of this month and claiming landlord owes me under breach.
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 4 years ago.
Can landlord evict and if so how as I want to vacate end of this month and claiming landlord owes me under breach.

Yes, the landlord can evict you for withholding rent. A tenant in Florida has no right to withhold rent as a condition for the landlord to comply with the lease. In Florida, the tenant must first give in writing a written notice of the violations to the landlord and demand compliance. If the landlord fails to comply, the tenant must sue landlord for a reduction in rent or make the repairs themselves and then deduct rent. The only time a tenant can avoid paying rent would be if the rented property is affecting the health and safety of the tenant (such as a violation of local laws, mold, lead paint as examples).

So to answer your question, the landlord can evict for non payment of rent. Your only option is to sue for breach of contract and seek deduction of rent or obtain court permission to vacate without further liability.






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Customer: replied 4 years ago.
How can a landlord evict is my question - how long does it take - waht is the legal process - I assume it must be thru the courts and if so what are the mechanics??
Expert:  Attorney & Mediator replied 4 years ago.
How can a landlord evict is my question

As already stated they can evict if tenant withholds the rent or if tenant violates the lease.

how long does it take - waht is the legal process - I assume it must be thru the courts and if so what are the mechanics??

1) How long it takes depends on how quick the court can set it for hearing. Typically you have 21 days before the hearing so you have opportunity to respond to the landlord's lawsuit.

2) How the process works:

-Tenant is in violation. If the claim is non payment of rent, landlord must give you written notice that you have three days to pay or vacate. If it is for breach of lease other than rent, you have seven days to correct the problem. If you don't voluntarily lease after the 3rd or 7th day, then landlord has to file lawsuit. You are served with the lawsuit and have 21 days to answer and come to the hearing. If you lose, then the landlord can have the sheriff's force you out after the 3rd day.

So the above are the mechanics.




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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Attorney & Mediator, Lawyer
Category: Real Estate Law
Satisfied Customers: 20012
Experience: Lawyer,Former Broker and Just Answer Legal Mentor
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