[RPPTL LandTen] Waiver issue

[Anthony J. Horky]

To All:  I have a question about making a partial rent payment and whether
it would be deemed a complete waiver under  s. 83.56(5, Fla. Stat.

 

Scenario:  Residential tenancy.  Tenant intends to withhold rent because:
(1) the premises was temporarily uninhabitable; and (2) upon return was
tenantable but the enjoyment of the premises was substantially impaired due
to landlord's mold remediation efforts; and (3) the landlord's failure to
maintain the premises has diminished the rental value.  The amount to be
withheld by the tenant does not total the total monthly rent.  Tenant is
serving a 7 day notice of intent to withhold rent, but in good faith, wants
to make payment of the balance of the rent due for that month.  In addition,
going forward, until the repairs are made and the premises restored to its
original condition, tenant intends to make a monthly payment in an amount
less than the total rent representing the diminishment of the rental value.


 

Question:  Does making a partial rent payment while the landlord is in
noncompliance of the lease operate as a complete waiver under  s. 8356(5)?
Not a waiver at all, or only a waiver until the next rent payment is due?

 

Thank you for your comments.  

 

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Email:  ajhorky.law at gmail.com

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