Tenants MUST Send A 7 Day Notice Before Claiming Less Rent Due in Eviction

There are many common misconceptions the public has about eviction.  The most common issue we see is one regarding repairs; namely landlord’s refusal to repair the property.

As a tenant you must be EXTREMELY careful and follow Florida Statute strictly.  Florida law requires that tenant send the landlord a 7 day WRITTEN notice about the non-compliance and must afford landlord those 7 days to repair.

Some common errors are:

  • sending text messages
  • talking to landlord on the phone about it
  • leaving landlord voicemails

Florida law requires WRITTEN notice.  The best choice is to spend the $6 and send it certified mail so landlord must sign for it that he/she received the notice.

If landlord files an eviction lawsuit after a 3 day notice because tenant refused to pay rent due to landlord’s failure to repair, and tenant did not issue a 7 day notice and engages in self-help by withholding rent (or repairing him/herself and withholding rent), landlord WILL win the eviction.  See Lee v. Schweizer , 7 Fla L. Weekly Supp 750a, County Court Sarasota 2000.

Tenants are urged to seek counsel when landlord refuses to repair or comply with any provisions of the lease.

Contact us today at 754-900-1LAW (1529) or info@HKLegalGroup.com for your FREE consultation.

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