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RETALIATORY CONDUCT
It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant.
In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where:
The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises
The tenant has organized, encouraged, or participated in a tenants' organization
Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession
In any event, this section does not apply if the landlord proves that the eviction is for good cause. Examples of good cause include, but are not limited to, good faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules, or violation of the terms of this chapter
| These provisions are extracted from Chapter 83 Florida Statutes (2006) and are not presented in their entirety. You should refer to the statute (www.flsenate.gov) obtain the advice of an attorney to address specific issues. |
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LANDLORD & TENANT LAWS
Definitions
“Landlord” means the owner or lessor of a dwelling unit.
“Tenant” means any person entitled to occupy a dwelling unit under a rental agreement.
“Rental Agreement” means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises.
“Dwelling unit” means a structure or part of a structure that is rented for use as home, residence or sleeping place.
The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements
The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises
The landlord at all times during the tenancy shall:
Comply with the requirements of applicable building, housing, and health codes
Maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition
Unless otherwise agreed in writing, the landlord of a dwelling unit shall, at all times during the tenancy, make reasonable provisions for. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs
The tenant at all times during the tenancy shall:
Comply with all housing and health codes.
Keep that part of the premises, which he or she occupies and uses, clean and sanitary.
Remove all garbage in a clean and sanitary manner.
Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.
Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so.
Conduct himself or herself in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace.
If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant, the tenant may terminate the rental agreement.
If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, landlord may terminate the rental agreement, and the tenant shall have seven days from the date that the notice was delivered to vacate the premises.
If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.
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