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I intend to withhold rent due to water damage which resulted…

Customer Question
I intend to withhold...

I intend to withhold rent due to water damage which resulted in mold and both my kids are allergic, my landlord has offered to moved us temporarily with no reduction in rent, is this a good stand.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/6/2017
Real Estate Lawyer: P. Simmons, Lawyer replied 9 months ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,983
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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Real Estate Lawyer: P. Simmons, Lawyer replied 9 months ago

I am sorry for this dilemma. But not sure I understand your specific question....what do you mean by "is this a good stand."?

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Customer reply replied 9 months ago
meaning is this a good reason to withhold rent
Real Estate Lawyer: P. Simmons, Lawyer replied 9 months ago

Wait...I thought you said that the landlord was going to move you while this is pending...is that not the case??

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Customer reply replied 9 months ago
but with no reduction in the rent
Real Estate Lawyer: P. Simmons, Lawyer replied 9 months ago

SO you want to withhold rent (not pay rent) and also expect the landlord to pay the costs to relocate you??

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Customer reply replied 9 months ago
exactly
Real Estate Lawyer: P. Simmons, Lawyer replied 9 months ago

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Real Estate Lawyer: P. Simmons, Lawyer replied 9 months ago

Have not heard from you on the phone call offer...so I will type a response...a few mins please...

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Real Estate Lawyer: P. Simmons, Lawyer replied 9 months ago

You can not "have it both ways"...that is, if your landlord is paying to move you to a different location during the time of the repairs you can NOT withhold rent.

Period.

You can withhold rent IF there is a condition that the landlord is responsible to repair and they refuse to repair...FL law does allow you to withhold rent for this. But if the landlord is paying the cost for you for temporary lodging?? That will remove your right to withhold rent.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can withhold rent and require the landlord to pay for your temporary lodging but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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