PEMBROKE PARK, Fla. – Local 10 News investigative reporter Christina Vazquez is answering your questions after her investigation into the deplorable conditions and critical violations found at several Miami apartment buildings owned by the companies run by New Jersey resident Denise Vaknin.
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"While Florida law allows a tenant to withhold rent when a landlord will not make repairs, it must be done properly," explained Jeffrey M. Hearne, director of litigation for Legal Services of Greater Miami, Inc. "The tenant must tell the landlord, in writing, that she will withhold rent in seven days if the landlord does not make repairs. Unfortunately, ?it is not effective for landlords who do not want to repair anything. The problem we have in Florida, unlike most other states,? is that a tenant must deposit the rent with the court to defend an eviction. If the tenant did not properly withhold the rent and the tenant does not follow the correct procedures in the eviction, the tenant loses automatically without being able to raise any defenses and without ever seeing a judge. In most evictions, tenants are defaulted and never get a day in court. Since a tenant will likely have to deposit rent with?the court, many tenants decide to take their money and move out, rather than raise the conditions of the apartment and defend the eviction. Then the landlord rents the apartment to another tenant and the cycle continues.?"
"Florida laws provide different protections to residential and non-residential tenants," explained former state and federal prosecutor David Weinstein. "Unfortunately for residential tenants, they cannot withhold rent under section 83.201 as was suggested by the tweet that you received. That section is only applicable to non-residential tenants. The email that you received sets out the process that a tenant has to undertake. The specific obligations of a residential landlord are contained in section 83.51. The remedies available to a residential tenant when a landlord fails to comply with either this section, or the terms of the lease, are contained in the lease agreement itself. Florida statutes require that the landlords comply with building, housing and health codes. If a violation exists, it becomes the tenant's duty to make the landlord aware of the problem, preferably in writing. Once the landlord is on notice, they are required to fix the problem. If the problem is not fixed, then the tenant may seek remedies available to them under the terms of their lease. Without looking at the terms of a specific lease, it is impossible to advise a tenant exactly what to do. However, there are organizations in Miami, as well as licensed attorneys, who can review a tenant's lease and advise them what procedures they should follow to ensure that a landlord complies with the building, housing and health codes, as well as the terms of their lease."
The following resources are available to renters in a similar situation:
Legal Services of Greater Miami
Tenants' Rights and Responsibilities Brochure
Landlord and Tenant Chapter 83 of Florida Statute
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