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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10052
Experience:  Just Answer consultant at Self employed
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I was given a pre-dated eviction notice which was labled the

Customer Question

i was given a pre-dated eviction notice which was labled the 4th of october , was placed on my door on the late evening of the fifth because i went to work at 9pm ,and was there when i came back from court at 6am on the 6th ,and wanted the money or the premises by the 7th which seems absurd because one it was given to me a wednesdat ,and due on the friday ,and hurricane matthew came in on friday where the office was closed from thursday at 1pm , until it reopened on the following saturday . as well columbus day was on the following monday ,and put me in a perdicament ,and wanted to see if i have a case based on the fatally flawed three day notice in orange county, florida
JA: Since laws vary from place to place, what state is this in?
Customer: lorida florida
JA: Has any paperwork been filed?
Customer: with the county no .
JA: Anything else you want the lawyer to know before I connect you?
Customer: i have asked for the maintenance for fixing the ac continously ,and all i get a constantly flooded carpet ,and a bad ac ,as well as the cabinets are rotting ,and have asked them to do maintenance ,and have blown me off ,as well have told them of other needs to be fixed ,and have gotten less than half-assed work
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  legalgems replied 10 months ago.
You mention you returned from court. So was there a hearing on this matter?
Customer: replied 10 months ago.
i havent gotten anything from court yet , i only got the flawed three day notice
Expert:  legalgems replied 10 months ago.

Thank you;

A landlord must comply with the statutory 3 day requirement otherwise the notice is not effective. That statute is here

And a sample notice is here

If the landlord only provides 2 days notice, then it is not effective, and the period does not begin to run until the landlord properly provides the necessary 3 day notice.

Additionally, a landlord cannot retaliatory evict a tenant if a tenant complains about the condition of the premises as it relates to health and safety.

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

Furthermore if the landlord utilizes the repair and deduct, or withholds rent as a remedy, the statute does allow that:

83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.—When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.

If a landlord violates the statutory required eviction process, the tenant may be awarded actual damages, or 3 times the monthly rent plus legal fees; that statute is here. Relvant subsection below:

(6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 10 months ago.

Checking to see how the above worked out for you.
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