QUESTION

Does my tenant have the right to withhold security deposit/rent for not being able to flush toilet paper, due to old pipes?

Asked on Mar 05th, 2021 on Contracts - Florida
More details to this question:
I moved in the same time as my tenant did so I was not aware that we had plumbing issues. Are toilets backed up but I fixed the problems right away, the plumbers said we just canโ€™t flush anything including toilet paper. We havenโ€™t had any issues since. A few months later she is asking to change her payment due date from the 1st to the 15th. I said I would agree as long as she also pays the security deposit she owes us from a few months back. She was upset by this and now is mentioning how not being able to flush toilet paper is a inconvenience and her lawyer says she doesnโ€™t have to pay rent till itโ€™s fixed. I filed a claim when this first happened but the insurance refuses to give us money we are trying to fight it but itโ€™s a long process. We used her original security deposit to pay for a month she was not able too. She agreed she would pay us the security again, as we know sheโ€™s struggling we lowered her security deposit by half. She signed and agreed to this but never complied.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Why would this not be an issue for withholding rent under Fla. Stat. 83.60/83.51? What do you expect the tenants to do? Use thier hands? Also you broke the law using her security deposit to pay rent. Fla.Stat. 83.49. You need to hire a lawyer before you lose that property to a judgment as you can't homestead a rental. 
Answered on Mar 09th, 2021 at 2:11 PM

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