[RPPTL LandTen] 7- day notice to withhold rent

[Martin Lawyer]

I’ll give you John McMillan’s (landlord atty) and my answer.

If the tenant delivers a “terminate” notice, the tenant is estopped to deny that the tenancy has terminated at the end of the 7th day from the delivery of the notice if the repairs are not corrected.  If the tenant is still there on day # 8, the landlord can sue for eviction.

This is I why almost never advise the tenant to use the “terminate” notice.  From the tenant perspective, the only scenario in which the tenant would benefit from giving the “terminate” notice is if the tenant actually wants to terminate (e.g., with many months remaining on the lease term) and is hoping that the landlord will not take corrective steps within the 7 days.

= = = = =

It’s not so much the nature of the repairs.  It’s whether the tenant wants to continue the lease.

If your client is a landlord, you should consider the possibility that if your client receives  a 7-day “withhold” notice, the tenant will file a suit to enjoin your client to make the corrective repairs.

= = = = =

You haven’t asked, but I have a guage for determining how much to withhold.  The examples I use are:


(a)          If the dwelling has two bathrooms and the toilet in one of them won’t flush, the tenant should withhold half of the rent money.



(b)         If the dwelling has three bedrooms and there is a roof leak in only one of them, the tenant should withhold one-third of the rent money.



(c)          If the dwelling has one bathroom and it’s non-functional, or if the leak is in the roof over the living room or dining room, the tenant should withhold all of the rent money.

                      Marty

                     C. Martin (Marty) Lawyer, III
                     Florida Bar # 128095
                     Bay Area Legal Services, Inc.
                     1302  N. 19th St.,  Suite # 400
                     Tampa,  FL 33605-5230
                     (813)  232-1222, Ext.109
                      FAX:  248-9922

“Preserving Independence, Hope and Dignity”

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto Cardet
Sent: Monday, 12 September, 2016 17:41
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] 7- day notice to withhold rent

Thank you.  I assume the nature of the repairs would determine whether to terminate the tenancy or withhold.  If the tenant choses to terminate, how long does the tenant have to vacate?  .

Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783

On Mon, Sep 12, 2016 at 5:30 PM, Martin Lawyer <mlawyer at bals.org<mailto:mlawyer at bals.org>> wrote:
Not so.  The statutory language supports both of the notices I have attached to this e-mail.  My Notice to Withhold contains the statutorily supported statement:

I intend to exercise my legal rights and will withhold further payments of rent to you, and/or sue for injunctive relief in County Court, if reasonable efforts to make the required repairs are not completed within seven (7) days' time.

As a tenant advocate, I must be careful on which notice I advise my clients to use.

Please note also that the statute (and my notices) do not tell the landlord what to do  --  such is the landlord’s choice at the landlord’s risk of choosing wrong.  My notices simply describe the defect(s) in the premises.   The tenant has no right to require the landlord to use a particular method to correct the defect; but the tenant does have the right to have the defect corrected.


                      Marty

                     C. Martin (Marty) Lawyer, III
                     Florida Bar # 128095
                     Bay Area Legal Services, Inc.
                     1302  N. 19th St.,  Suite # 400
                     Tampa,  FL 33605-5230
                     (813)  232-1222, Ext.109<tel:%28813%29%C2%A0%20232-1222%2C%20Ext.109>
                      FAX:  248-9922

“Preserving Independence, Hope and Dignity”

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>] On Behalf Of Alberto Cardet
Sent: Monday, 12 September, 2016 17:15
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: [RPPTL LandTen] 7- day notice to withhold rent

Is my understanding correct that when a tenant sends a landlord a "rent withholding letter", that in essence states that unless "X" is fixed within 7 days the tenant will not pay rent, what the tenant has actually done is terminate their tenancy pursuant to 83.56(1) and the tenant must vacate.  It does not give the tenant the right to remain on the property rent free indefinitely.



Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783<tel:305-403-7783>

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