[goldenazz007]

I have a crazy landlord. When I finally notified her I was not paying anymore rent until she fixed certain health code violations in my home, she started an eviction against me. I have filed my answer with the court stating I would pay rent when things are fixed. She, my landlord is sending me certified letters harassing me. She is refusing to fix anything stating she is worried about me wrecking the repairs. I do not care anymore I am moving. I just want to know if she can legally still call and write me being rude and crude or if this is harassment and I should file charges?

[JudyKayTee]

What State are you in? In most - if not all - States you can't simply stop paying rent because you are demanding that improvements/repairs be made. In some States you can withhold part of the rent and place it in a separate bank account.

Evicting a non-paying tenant is not harassment and the Courts are not in place to punish rude/crude people.

[goldenazz007]

I live in Florida and researched on line, as long as I notify her of my intent this can be done. The problems are health code violations i.e. septic tank not draining into leech field because prevoius tenant crushed drain pipes. She had her home owner's insurance agent to the property and they gave her a check for this repair. The sewage has backed up into the house 6 times in the last 8 months. Her son remodeled the home before we moved in with out pulling permits so several things were done wrong. There is no backflow device on the kitchen sink so the draining from it runs back into the dishwasher that I do not use, but have to run at least once a week due to the smell.

[JudyKayTee]

This obviously would have been easier if all the facts - including the State - had been posted from the beginning.

If you are involved in a Court proceeding (which you appear to be) and the landlord is harassing you, yes, I would file with the Police.

My research does not indicate that all rent can be withheld and there are terms and conditions. I trust if you are familiar with the Statute, you are in compliance.

"If your landlord fails to do what the law or lease requires, you may be able to withhold a portion of your monthly rent until the property is brought into compliance. You must give written notice to the landlord of your intention to withhold rent and give the landlord time to make repairs in accordance with the procedures as set forth in Florida Statute Chapter 83, Sec. 83.56 (1)(a) or (1)(b). You must allow at least seven days for repairs and your written notice must give detailed information on the items that need to be repaired." Florida's Landlord/Tenant Rights

[this8384]

I live in florida and researched on line, as long as i notify her of my intent this can be done. The problems are health code violations ie, septic tank not draining into leech field because prevoius tenant crushed drain pipes. She had her home owner's insurance agent to the property and they gave her a check for this repair. The sewage has backed up into the house 6 times in the last 8 months. Her son remodeled the home before we moved in with out pulling permits so several things were done wrong. There is no backflow device on the kitchen sink so the draining from it runs back into the dishwasher that i do not use, but have to run at least once a week due to the smell.

I assume you are taking pictures every time this happens?

Did you notify your landlord in writing that you would not be paying rent until the repairs were made? Have you contacted the state about the code violations?

[parkerbenson]

Yes, contact your city/state/county to come and inspect for health code violations, they may help give you cause to terminate tenancy.

[twinkiedooter]

Definitely report the no permits pulled to the county code officers. The Code Officers will come out and issue a citation for no permits pulled and hopefully the work fails their inspection.

As for withholding your rent until the repairs are done you should have gone down to the County Court Clerk, filled out the proper paperwork at the Clerk's Office and paid your rent money into the Court Registry. Then when it came time for the landlord to file an eviction for nonpayment of rent, the Clerk would have cross checked your name and address and denied the filing of the eviction proceeding. Now, it's a tad late to do the filing with the Court Registry of your rent.

The Health Department definitely needs to be notified of this horrendous health hazard of the backed up sewage in the home.

[goldenazz007]

I still wonder though if the continual letters and phone calls are considered harassment as everything is at the courts now?

[ScottGem]

It depends on the content of phone calls and letters. Keep a log of them and present them to the court at your hearing.

As for withholding rent. As long as you satisfy the statutory requirements you can withhold paying rent to the landlord. However, you should be placing the rent payment into a separate account. If you don't the judge may not like it.