Legal Question in Wills and Trusts in Florida

Re: Landlords house is in probate

You have a legitimate dispute with the landlord since the landlord refuses to repair your house. You can pay your rent to the court registry of your county. Contact an attorney in your area to do this. You may be able to do this on your own -call your county courthouse and ask (there may be a filing fee to do this). You must give the landlord ample notice (at least seven days), specifying all the repairs needed and give him an opportunity to cure.

If the landlord materially fails to comply with the obligations listed in F.S. 83.51(1) or with a material provision of the lease but the tenant does not wish to terminate the tenancy, the tenant nonetheless may withhold rent.

If the unit is untenantable, the tenant may vacate the premises and will not be liable for rent for the period in which the rental unit remains uninhabitable. F.S. 83.56(1)(a). However, if the unit is habitable and the landlord makes a reasonable effort to cure the violation, the tenant still must pay rent, but may reduce the amount due for the period of noncompliance "by an amount in proportion to the loss of rental value caused by the noncompliance." F.S. 83.56(1)(b).

The tenant must give seven days' written notice specifying all of the landlord's noncompliances as is done with termination proceedings. However, the notice in this case differs in that the tenant must state his or her intent to withhold rent. F.S. 83.60(1).

The tenant must submit the notice at least seven days before the rent is due to allow the landlord time to remedy the problem and should give a second notice at the time the rent is due.

Re: Landlords house is in probate

If the needed repairs affect your use of the property, you can give notice to the landlord and pay rent into the county court registry, administered by the Clerk of Court. Check with the Clerk's office for information and forms. If the property is in probate, you should consider the Personal Representative to be your landlord. Contact that person, assuming it is not the sister you mentioned, regarding the repairs and your rights under the lease. You are advised to consult with a local attorney who can advise you regarding legal options if you can't work out matters with the personal representative/landlord.