Sebastian, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: My home was damaged in the hurricane, landlord is refusing to fix it. The home is unsafe And she's now evicting me

How can I fight the eviction , I thought I could with hold rent if she isn't keeping the house habitable

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No. Florida Statute 83.5 provides that

"... (c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59. ...".

Section 83.60 provides that

"... 2) In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent ..."

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