This is what I based withholding rent on, and the landlord was advised verbally and in writing.

As far as the mobile home, he owns it, and the land is someone elses that he pays rent to.

The 3 day notice was delivered today, 7/28/07 and states...

YOU ARE HEREBY NOTIFIED that you are in default of your month to month tenancy by virtue of your failure to pay rent in the amount of $820.00 for rent due through the month of July, 2007. Demand is hereby made for payment of the rent or possession of the Leased Premises within 3 days from the date of deliver of this demand letter by 7-27-07. This notice is provided to you pursuant to Florida Statues. PAYMENT MUST BE IN THE FORM OF A CASHIER'S CHECK OR MONEY ORDER ONLY AND DELIVERED TO THIS OFFICE.

LANDLORDS NAME
c/o PA

THE FOREGOING NOTICE was served this ___ day of _______, 2007 at ____ am/pm by hand delivery/posting.
__________________________

and all the blanks are there just like that. However up in the top forner it says scribbled POSTED 7/24/ 12.24pm



IS THIS LEGAL... how can they post something 4 days after they write it and the day after the date in the letter.

Believe me if I had a place to go today, I would have been out of here allready. The month is in the form of money orders, in a safety deposit box, waiting for the landlord to make the repairs to the place, and he will get the rent.


The letter from the tenant will often be a complaint letter listing one or more items and demanding that the landlord fix these items. In order for the tenant to withhold rent or break the lease, first these items must be those that allow the tenant to withhold rent or terminate, and secondly, the letter must give the landlord 7 days to fix the items and state in the letter that failure to repair will result in rent withholding or the tenant breaking the lease. The letter needs to be in writing, but some judges have held that verbal or actual knowledge by the landlord was enough for the tenant to comply with the tenant’s obligation of putting the landlord on notice. Here is Florida law pertaining to termination of the rental agreement. FS 83.56 (1) 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 specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows: (a) If the landlord's failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable. (b) If the landlord's failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance

For what items can the tenant legally withhold rent or terminate the lease?

A technical reading of Florida Statute 83.60(1), the section of Florida law specifically addressing the tenant’s right to withhold rent, indicates that a tenant’s right to withhold rent is restricted to violations of 83.51(1), which essentially involves the landlord’s failure to maintain the property up to existing building, housing or health codes. The tenant has the right to terminate the lease when an 83.51(1) violation exists, or if the landlord is failing to provide a material provision of the rental agreement. The right to terminate is actually a more expansive right, and what constitutes a material provision of the lease can be subjective. However, many judges allow the tenant to withhold rent for items that would not technically constitute code violations (for example, a refrigerator problem).