CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10782, 2010 WL 2867895
...costs incurred to make the necessary repairs. See §
713.10, Fla. Stat. (2008) (permitting a construction lien on leased property "[w]hen an improvement is made by a lessee in accordance with an agreement between such lessee and her or his lessor"); §
83.201, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 320665
...nt. The Tenant urges affirmance of the trial court's order on its asserted affirmative defenses: (1) the trial court lacked subject matter jurisdiction because the Landlord's written notice was defective; (2) the Tenant withheld the rent pursuant to section 83.201, Florida Statutes (2001), to make necessary repairs to the property; (3) the Landlord's claim that the Tenant failed to pay the 2001 personal property taxes was premature; and (4) the Landlord waived her claims by accepting money pursu...
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 13396, 2005 WL 2043013
...into the registry of the court without leave of court or notice to the other party. Park Place filed a motion seeking disbursement of the funds held in the court registry, asserting that Vance Realty failed to satisfy the statutory prerequisites of section 83.201, Florida Statutes (2004), 2 to negate the duty of payment....
...danger of loss of the premises or other hardship resulting from the loss of income. We disagree with this premise. Park Place had not asserted a landlord-tenant claim for the possession of the property. Vance Realty’s counsel admitted that neither section
83.201 nor
83.232 applied and that the gist of the lawsuit was the fear they would lose the security deposit due to the appellees’ insolvency....
...We reverse and remand for further proceedings consistent with this opinion. REVERSED. GRIFFIN and PALMER, JJ., concur. . Park Place at Metrowest, Phases Six and Seven, Ltd., a Florida limited partnership; Park Place Development Company, its general partner; and David J. Townsend. . Section 83.201 sets forth the procedure the tenant must follow to withhold rent after prescribed written notice to the landlord that the premises are untenantable and the landlord fails to make the specific repairs within twenty days....
CopyPublished | Florida 4th District Court of Appeal
...Tenant and excuse Tenant from paying any rent during the post-
termination occupancy period. We agree that Landlord breached the Lease
by failing to timely build the promised fence. However, the lack of fencing
did not render the leased premises wholly untenantable under section
83.201, Florida Statutes (2020)—the rent withholding statute—and thus,
Landlord was entitled to receive rent from Tenant for both the pre-
termination and post-termination occupancy periods....
...untenantable” due to lack of fencing; (2) specify that Landlord had twenty
days to install the fence; and/or (3) express Tenant’s intent to withhold
future rent until the fencing was in place—all statutory elements required
to withhold rent pursuant to section 83.201, Florida Statutes (2020), the
statute governing nonresidential tenancies....
...[Tenant]’s nonpayment of rent,
therefore [Tenant]’s nonpayment d[id] not constitute a breach.”
The trial court also determined that Tenant was legally entitled to
withhold rent, finding that Tenant had complied with both the Lease’s and
section 83.201’s requirements....
...red through
fraud, “[the ratifying party] cannot be heard to complain because the jury
agreed and found that the contract was enforceable by both parties”).
B. Because the Leased Premises was not “Untenantable” and
Tenant did not Satisfy § 83.201’s Requirements, Tenant Remained
Obligated to Pay Rent During the Entire Period it Occupied the
Property
When the lease is silent on the procedure to be followed to
effect repair or maintenance and the payment of rent relating...
...lord at least
20 days to make the specifically described repair or
maintenance, and stating that the tenant will withhold the rent
for the next rental period and thereafter until the repair or
maintenance has been performed.
§ 83.201, Fla....
...Tenant: (1) declared the leased premises to be “wholly untenantable”; (2)
provided Landlord with at least twenty days from the untenantability
declaration to install fencing; and (3) expressed Tenant’s intent to withhold
future rent until the fencing was installed. See §
83.201, Fla. Stat. (2020).
Nor has Tenant directed us to any correspondence within the record that
complies with section
83.201’s or section
83.20(3)’s requirements.
Therefore, the trial court erred when it determined that Tenant was
entitled to withhold rent because its factual findings are not supported by
competent substantial evidence....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 4630, 2002 WL 530567
...Cruise.com withheld the rent it had agreed to pay under a settlement of a prior dispute, after it had notified the landlord that the premises were untenantable due to a breakdown in the air conditioning system. Cruise.com contends that it was entitled to withhold the rent pursuant to section 83.201, Florida Statutes (2000), which permits rent to be withheld by the tenant where the landlord has “failed or refused” to maintain the premises, “rendering the premises wholly untenantable.” (Emphasis added)....
