Legal Question in Landlord & Tenant Law in Florida

I am renting rooms in a home that I own. One of tenants has decided to avoid paying rent for his room & and refusing to sign the current lease. He is claiming that there are rats & roaches in the home and mold from a leaking roof in a separate room. I had the house sprayed for bugs/insects and provided the house with several rat/mouse traps (one for each room and two for the common areas.) I also have accepted a bid to have the roof fully replaced even though it's only leaking in one room that was added on to the home. He has not provided me with a written notice. He is still residing in the home. He is just withholding rent claiming an "unhealthy living" situation.

No one else in the home shares these issues. Is this a case of an "wholly untenatable" residence? Am I able to evict (in accordance with Florida Law Statue 83.2) for withholding payment?


Asked on 5/11/19, 4:25 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You can evict. The property sounds like you have infestation and need to remedy it. Perhaps it is best to do that before evicting him.

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Answered on 5/11/19, 4:45 pm

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