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.
Anonymous
Ok so from what I understand the landlord lost the case initially when it was dismissed with prejudice however because he won the appeal, the attorney fees were carried over to the appeal case which is still ongoing? So as of now the landlord doesn't have to pay anything (unless he loses the appeal case)?? Sorry this is hard to understand yet very relevant to me right now as I am a landlord
Concerned citizen
Can you go into more detail as to who ended up paying the attorney fees when the case was originally dismissed? Or did they get waived and applied to the party which won the appeal case? Also I didn't think as a landlord which initiated a lawsuit to evict that you could appeal if you lost or it was dismissed??