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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10645
Experience:  Commercial and residential leases in NY & NJ & US
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Can one put rent money in a special account till leaky roof

Customer Question

can one put rent money in a special account till leaky roof is fixed along with the ceiling inside cleaned and free of mold
JA: The Landlord-Tenant Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.
Customer: can on put rent money in a special account till the leaky roof is fixed along with the molded ceiling
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: month to month lease last lease expired s2 years ago
JA: Landlord-tenant law varies by city and state. Where is the property located?
Customer: punta gorda fla
JA: Anything else you want the lawyer to know before I connect you?
Customer: this is cause me more problems with my breathing I am on a cpap machine
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 2 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

You have the right to withhold rent but before you do so you must give the landlord at least 7 days written notice of the problem that needs repair and you must state if not repaired you will withhold rent. Here is the link to 83.60 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.60.html

If the premises are rendered totally uninhabitable, then you can use 83.201 to withhold rent. Here is the link to that section. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.201.html

Since what you describe does not appear to make the premises wholly uninhabitable, I suggest you use the first procedure under 83.60. Hopefully the landlord will respond to resolve the problem.

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