Landlords and Tenants both have rights and obligations in their lease. Even if a lease does not exist, their responsibilities can be found in Florida Statute. In the majority of Residential and Commercial leases, a Tenant has the obligation to pay rent. Failure to pay can result in Eviction Proceedings. However, a Tenant’s Failure to pay rent does not allow a Landlord to stop making repairs to the Property. If you are a Landlord and have questions about your responsibilities towards the Tenant, contact our office at (954) 323-2529.
Can a Landlord That Failed To Make Repairs Because Of Unpaid Rent Be Liable?
The lease will state the different areas of the home that the Landlord is responsible to maintain. Failure to comply constitutes a breach of the lease. Although a Landlord must adhere to these provisions, a Tenant can still be evicted if they do not pay. While the Landlord may have a Tenant that continuously violates the terms of the lease, it does not allow give them the right to withhold repairs.
Can A Landlord That Has Not Made Repairs Still Evict A Tenant That Is Withholding Rent?
A Tenant can be evicted if they improperly withhold rent. For Example, a lease may require the Landlord to maintain the Air Conditioning System. If the system is broken, the Tenant must give the Landlord a 7 Day Notice. If they withhold rent without giving proper notice, the Landlord can proceed with Eviction. It is without question that there are Landlords that do not comply with the lease. However, the majority do make the necessary repairs. Without laws that protect them, Tenants could withhold rent for illegitimate reasons.
A Landlord that failed to make repairs because of unpaid rent is still liable. However, they can still evict a Tenant that is withholding rent but has not given them proper notice. If you are a Landlord and are unsure about your rights, contact 954 Eviction Lawyers, PLLC at (954) 323-2559.