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fly4aliving · Apr 1, 2012, 10:55 AM

I put a deposit down and signed a lease for a rental house and had all the utilities turned on in my name. The lease stipulates that a list of deficiencies are to be completed proir to moving in on the 1st which is today. Only one item was taken care of and not the rest. The landlord was suppose to me at a specific time today to do a walk around but didn't show is now out of town. I have all my things in boxes and have moved them into the house, nowhere else to go. Am I still liable for the rent with these items not completed. I feel that he should fix the deficiencies as specified prior to payment. Also if I withhold payment can I be charged a late fee for not making payment on time? Is this a breach of contract on the landlords part?

JudyKayTee · Apr 1, 2012, 11:08 AM

If it's covered by the lease, yes, it's a breach of contract.

The plan was for you to meet today and go over the list and also for you to move in today. What would have happened if the deficiencies had not been corrected at the walk through? Were you prepared not to move in?

My suggestion? Send the landlord a letter stating that you are withholding the rent until X, Y and Z are corrected. Put your rent in a separate account (to show good faith) and do not release it until you come to an agreement.

If all else fails are you prepared to move out?

Fr_Chuck · Apr 1, 2012, 01:59 PM

Yes it is a breach, but the issue is you moved in, which could be considered an acceptance.

I agree, you notify them by phone and follow up by letter that rent is withheld till the items are don't.

AK lawyer · Apr 1, 2012, 02:28 PM

Originally Posted by JudyKayTee

...My suggestion? Send the landlord a letter stating that you are withholding the rent until X, Y and Z are corrected. Put your rent in a separate account (to show good faith) and do not release it until you come to an agreement.

If all else fails are you prepared to move out?

Actually, there is a specific statutory provision that deals with this problem:

"83.60 Defenses to action for rent or possession; procedure.—
(1) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s. 83.51(1), or may raise any other defense, whether legal or equitable, that he or she may have, including the defense of retaliatory conduct in accordance with s. 83.64. The defense of a material noncompliance with s. 83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord’s representative as designated pursuant to s. 83.50(1), a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) [F.S. 1973] by the landlord is a complete defense to an action for possession based upon nonpayment of rent, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s. 83.51(1) [F.S. 1973]. After consideration of all other relevant issues, the court shall enter appropriate judgment.

(2) In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent which accrues during the pendency of the proceeding, when due. The clerk shall notify the tenant of such requirement in the summons. Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant’s defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession ..."[

"83.51 Landlord’s obligation to maintain premises.—
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health codes; or

(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant.

The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.
..."

What this means is this: If the problems with the premises constitute a breach of the landlord's duty to maintain, under section, 83.51 (1), OP doesn't have to pay, if a 7-day notice is given as provided in section 83.60. If they don't, OP should deposit the rent in court, as provided.

JudyKayTee · Apr 1, 2012, 02:43 PM

Thanks, AK -

ScottGem · Apr 1, 2012, 03:08 PM

Just to be clear here, you can't just say the landlord is in non compliance and not pay rent. You have to follow the law in providing the landlord with WRITTEN notice of non compliance. It also means you need to pay the rent to the court to hold until there is compliance.