Form 4-Notice From Tenant To Landlord-Withholding Rent printable pdf download

Form 4-Notice From Tenant To Landlord-Withholding Rent

FORM 4

NOTICE FROM TENANT TO LANDLORD--WITHHOLDING RENT FOR

FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA

STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT

INSTRUCTIONS

A Tenant cannot withhold rent from the Landlord without sending notice and allowing the Landlord time to cure the

non-compliance, violation, or default of its obligations. Failure to send the required notice to the Landlord has

significant impact on a Tenant’s rights under the rental agreement and Florida Statutes. If the non-compliance is not

remedied within the time period specified by statute (or such longer time as may be granted in your written rental

agreement) and the Landlord’s failure to comply renders the dwelling unit untenantable and the Tenant vacates, the

Tenant may vacate and withhold all rent, or, if the failure to comply does not render the dwelling unit untenantable,

rent may be reduced in proportion to the loss of rental value caused by the non-compliance. If the Landlord’s

violation of its obligations is not remedied, but the failure to cure the non-compliance does not render the dwelling

unit untenantable, the Tenant may remain in the dwelling unit and the rent shall be reduced, until the violation is

cured, by an amount in proportion to the loss of rental value caused by the failure to cure the violation. In any legal

proceeding, however, the Tenant will have to pay all past due rent, and rent as it comes due during the legal

proceedings, into the registry of the Court. The Tenant should, therefore, deposit all rent as it comes due in a

separate bank account until the Tenant's disputes with the Landlord have been resolved. For the text of Florida

Statute 83.51(1), and the grounds for withholding rent, see the note to Form 3.

SOURCE: Sections 83.56 and 83.60, Florida Statutes (2007).

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY

DESCRIBE REQUIREMENTS OF FLORIDA LAW.

YOU SHOULD CONSULT AN ATTORNEY AS

NEEDED.

Form 4-Notice From Tenant To Landlord-Withholding Rent