JACKSONVILLE, Fla. – After a News4JAX I-TEAM investigation into Cascade Apartments in Grand Park, many tenants are asking about their rights.
Some renters at Cascade Apartment said they’ve been told by property management that they would be evicted for withholding rent. News4JAX has learned, that’s not legal.
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, an attorney with Jacksonville Area Legal Aid, said you can stop paying rent, but you do have to give your landlord a written notice.
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The first thing you should do is call code enforcement. To report a violation or request an inspection, you should call (904) 255-7859 or report the violation by calling MyJax at (904) 630-CITY.
“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.”
If your property violates code, you’ll be given a citation. Once you have that, you’ll need to give your landlord written notice that you’re withholding your rent. You should explicitly explain what the violations are in your notice and provide a copy of your citation.
“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.
A tenant can not withhold rent if the landlord hasn’t been notified about the condition of the rental unit. The notice must be in writing and include the following information:
- A list of the issues that need to be fixed
- The deadline to fix the problem, which is seven days after the landlord receives the notice
- The tenant’s plan to withhold rent if the issues aren’t fixed by the deadline
The landlord has seven days from when they receive your withholding notice to make repairs.
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.
News4JAX showed Tyer pictures of the conditions at Cascade Apartments. He said it’s clear that the tenants there need help.
“I think the conditions look pretty terrible. There’s clearly some water damage and structural issues there and I think from the pictures that there’s pretty likely to be some code violations there. They should immediately contact code compliance, the city of Jacksonville,” Tyer said.
Jacksonville Area Legal Aid provides free legal assistance to renters as long as they qualify for it. They’ll help you fill out paperwork and navigate the law. All you have to do is visit their offices in Downtown Jacksonville at 126 West Adams Street.
Call their offices and make an appointment with an attorney by dialing 904-356-8371.
Click here to download a template from JALA you can easily fill out and provide to your landlord if you need to withhold your rent because of unsafe living conditions.