Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.
Kirk Adams : Here's a very good link to the Florida law that pertains to this matter: http://www.floridabar.org/TFB/TFBResources.nsf/0/E3D2DE5DDA15301285257737004A2179/$FILE/FORM%204.pdf?OpenElement
Kirk Adams : Basically, the tenant doesn't have a right to withhold rent UNLESS notice of the issue is given to the landlord, and then the tenant must give the landlord a reasonable time to make repairs.
Kirk Adams : However, if notice is given, and the property is deemed uninhabitable, then the tenant can withhold rent.
Kirk Adams : Thus, if the repairs can't be completed within 7 days, it's likely legal for the tenant to withhold rent IF the property is not inhabitable.
Thank you. can I give her 3 days notice to pay or quit? and if so does it need to be in a letter or I can text her?
Kirk Adams : If the tenant has a valid reason for refusing to pay rent, then the 3 day notice would likely be subject to a legal challenge.
Kirk Adams : However, if there's no valid reason for withholding rent, then yes you can issue a 3 day notice and proceed with an eviction if she doesn't pay or vacate.
Kirk Adams : The notice would have to be in writing and delivered to her - - I wouldn't use a text. A traditional letter is the best option