Construction Defects and Eviction

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Section 83.60, Florida Statutes provides that a tenant must provide written notice no later than 7 days prior to withholding rent on the basis of a material non-compliance with the lease agreement.  Construction defects fall within this category.  Accordingly, if a landlord has a tenant that refuses to pay rent because of alleged construction deficiencies, Section 83.60 requires that tenant to tender written notice of the defects prior to withholding rent.  Failure to provide the notice results in the tenant being unable to use non-compliance as a defense to possession of the premises by the evicting landlord.

Trenton H. Cotney
Florida Bar Certified in Construction Law
Glenn Rasmussen Fogarty & Hooker, P.A.
100 S. Ashley Dr., Suite 1300
Tampa, FL 33602
(813) 229-3333http://www.glennrasmussen.com

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