How bad do things have to be for you to get out of a lease? When is it legal to withhold your rent payments? James Tyer, a Jacksonville Area Legal Aid attorney, said you CAN stop paying rent, but you do have to give your landlord a written notice.
“Under Florida Law, if you want to withhold your rent, it has to be for a code violation,” Tyer said. “The best evidence a resident can have that it is a code violation is to have city code enforcement come out and inspect the property.”
“It has to be seven days before they intend to withhold. So, for example if someone wants to withhold their rent for August – it has to be seven days before August 1,” Tyer said. Structural insecurities like water leaks and holes are usually code violations. But surprisingly, in the state of Florida, improper-working AC is not a code violation unless it’s outlined in your lease.
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