Landlord/Tenant & Evictions

Can a Florida Landlord Retaliate after a Tenant Complains to the Landlord for Issues with the Leased Property?

Pursuant to Florida Statute 83.64, a Florida Landlord cannot discriminatorily increase a Tenant’s rental payment or decrease services provided to the Tenant if the Tenant has complained to a governmental agency, such as code enforcement, the Tenant has complained to the Landlord regarding issues with the property, the Tenant is a member of a Tenant organization, the Tenant is a service member and is terminating the rental agreement because of a deployment or other military circumstance, the Tenant has paid assessments to the condominium or homeowner association after demand to pay the delinquent assessments or the Tenant has exercised his/her rights under federal, local or state housing laws.

The defense of retaliatory conduct must be made in good faith otherwise the defense will not stand. Further, the retaliatory defense will fail if the Landlord proves that the eviction is for good cause.  Examples of good cause are nonpayment of rent, violation of the rental agreement or violation of the terms of Florida Statute Chapter 83.

Is your Landlord retaliating against you? The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Landlord-Tenant needs. Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location.

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