Landlord, Tenant Forms With Instructions - Alachua County, Florida Page 13
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48FORM 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
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 (2009).
FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT
COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD
CONSULT AN ATTORNEY AS NEEDED.
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