(LAKELAND, Fla.) – Following Hurricane Ian, renters are often left with property damage and repair issues. If the circumstances are unhabitable, then renters may have an opportunity to legally withhold rent from their landlords. Understanding how to leverage your rent to guarantee that repairs are made is crucial after a storm.
Following Hurricane Ian, Florida Rural Legal Services (FRLS) was able to provide disaster legal services to our clients with funding through Legal Services Corporation (LSC). FRLS is a non-profit law firm that provides free civil legal aid to qualified individuals, families, and vulnerable communities across 13 Florida counties and to farmworkers statewide.
Disaster legal aid covers an umbrella of civil legal issues including landlord-tenant disputes. Let's break down the the process in this step-by-step guide so you, the renter, know what to expect:
1. Evaluate the Damage
To withhold rent, damages, and repairs must be substantial. If your living situation becomes unsafe, you are entitled to have these repairs made. Some examples of ample repairs would be a broken front door, unusable plumbing, or water leaks coming from the ceiling.
2. Document the Damage
Before cleaning or making any repairs take photographs of any damage caused by a disaster. Moreover, have an unbiased third party review the damages; have local code enforcement inspect your property. Lastly, keep detailed records in case you go to court.
3. Send a Letter
Your landlord must be aware of the repairs before you can legally withhold your rent. Write a letter to your landlord outlining the needed repairs and your decision to withhold your rent. The letter must be received by your landlord at least seven days before the rent is due.
4. Prepare your Rent Money
Yes, you may withhold your rent if you follow these steps, but you will be required to pay rent if the repairs are made. To ensure that you are protected, keep your rent payment in a safe location for when you must pay.
5. Contact FRLS
Requesting repairs does not entitle your landlord to evict you. If you have been affected by a disaster and are seeking free legal services, contact FRLS today to see if you qualify.
About Florida Rural Legal Services (FRLS):
Florida Rural Legal Services, Inc. (FRLS) is a non-profit law firm that provides free civil legal aid to qualified individuals, families, and vulnerable communities across 13 Florida counties and to farmworkers statewide. Since 1966, FRLS has pursued justice by providing legal services in
housing law, family law, consumer protection, public benefits, elder law, disaster relief, education law, tax advocacy, and more, all at no cost to our clients. FRLS collaborates with community organizations and Pro Bono attorneys to deliver quality advocacy, outreach, and education designed to protect the rights of those in need. For over 50 years, FRLS has been a steadfast advocate for justice. Learn more at www.FRLS.org.