eviction-defenseThe attorneys at David Chico Law Group will provide an aggressive and vigorous defense to an eviction action. We handle every type of eviction. The most important rule in eviction defense is that YOU MUST MOUNT YOUR DEFENSE IMMEDIATELY. 

A good defense should start before a lawsuit if filed and if a suit is filed you only have 5 days to answer. Moving quickly is key. The following are the three most commonly asked questions regarding eviction defense.

Remember, in eviction defense acting now is a must. The defenses mentioned here and other defense will not be respected if not raised using the correct procedure. Call us now.

Frequently Asked Questions

The answer is an emphatic no! A three day notice can only include the actual amount of rent due. Adding late fees to the three day notice renders it defective and a defective notice cannot predicate an eviction lawsuit. This is one of the best defenses one can have and its one that landlords often make.

As a matter of fact, one should scrutinize the three day notice of other defects that will render it void. These are:

  • The pass due rent calculation is grossly wrong.
  • The inclusion of monies allegedly owed other than rent.
  • The address where the rent is directed to be paid is outside the county of residence. For example, you live in Osceola Co., and the notice lists Orange Co. as the place to pay rent.

Please contact us to press this defense, as it must be raised using the correct procedure in order for it to be successful.

This question refers to whether a tenant can deduct rent to repair something broken, such as a faulty heating system. The answer will depend on what needs repairing and what is the effect on your living situation. Applying the repair and deduct law will be easier for those items that Florida law lists as landlord duties. For example, § 83.51(1) lists the following duties for a single family home:

  • Comply with building, housing and health codes;
  • Where there are no applicable building, housing or health codes, maintain the roof, floors, windows, screens, and all other structural components in good repair; and the plumbing in reasonable working condition.

If the unit is other than a single-family house, duplex, unless otherwise agreed upon in writing, the landlord must:

  • Provide for extermination of rats, mice, roaches, ants and wood-destroying organisms;
  • Provide running water and hot water;
  • Remove garbage from the premises;
  • Provide a smoke detection device;
  • Provide locks and keys;
  • Provide a working heating system;
  • and Provide clean and safe condition of common areas

This list is what the statute lists but there are other items listed in appellate decisions and appellate decisions have the same force of law as a statute. The more the faulty item or condition makes the space uninhabitable the easier it will be to apply the repair and deduct rule. In severe cases you may terminate the rental lease.

Now comes the important part. To ensure success in applying this rule, § 83.56(1) requires you to give seven days notice to the landlord of the condition or faulty item so the landlord has an opportunity to repair it.

This type of eviction is not only seen with family members but is common from two people ending a romantic relationship. Most attempting the eviction don’t know that the normal eviction rules are inapplicable in this situation. What’s worse is that the homeowner will think they can just change the locks or throw the tenants belongings to the street because they don’t think of themselves as a landlord. Because this is a specialized defense call us immediately.
Contact us immediately so we can move for an order restoring the electricity. We will also move for three months rents in damages. The law disallows and will not only a landlord is cuts of utilities but will punish the following:

  • Denying the tenant access to the premises by changing locks;
  • Removing the tenant’s personal property from the dwelling unless it is a lawful eviction; or
  • Removing outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement).