Florida | Landlord & Tenant Law
Legal Question
Noncompliance of repair and eviction
From onset of lease Landlord failed to provide agreed items. In the ensuing months, plumbing, electrical, cracked tiles on flooring, wood flooring popping, carport ceiling falling in, ceiling fan falling from ceiling, screens not replaced, all happened within a 6 month period from June to Oct. After several months, unacceptable repairs or no repairs at all, tenant withheld rent with notice of repairs. Tenant then paid Landlord 8 days after it was due to attempt to work out the repairs. No repair done in Oct. In Nov, tenant again withheld rent but at half with a letter stating the repairs are still not completed and the other half will be later when repairs are done. These repairs also include statutory duties of landlord.
Landlord cashed the half payment check, inspected the ceiling fan and the tile flooring that was cutting the feet and handed tenant a 3 day notice due to nonpayment of rent.
Would the landlord be entitled to possession in that no notice was given to him 7 days before the november rent due and did his action of cashing check and inspecting repairs noted in letter amount to waiver to evict? Did the original breach of landlord constitute the original lease to be invalid?
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