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Landlord, Tenant Law Page 1 of 4 by: Florida R.E.I. - A Legal Resource for Florida Landlords and Real Estate Investors. complaint letter to landlord

Rent Determination :

Landlord non-compliance: Tenant has previously issued landlord a 7 day notice of non-compliance under 83.51(1) which “ripened” before the landlord’s 3 day notice. Tenant must move for a rent determination hearing to determine the diminished value of the property.

Dispute of amounts claimed : Tenant disputes the amount as factually incorrect. Tenant must move for rent determination hearing

All other defenses: F.S. 83.60(2) requires the tenant to post the rent claimed in the court registry of a default judgment of possession will be entered.

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F.S. § 83.60(2) requires payment into the registry of the court, the amount alleged in the complaint and all rent as it accrues unless tenant alleges.

Payment (complaint must allege amount of rent owed and amount of rent that will come due; otherwise the tenant will not know how much rent should be posted).

Request for court to determine amount of rent owed.

If amount of rent is not clear the court must advise the tenant of the amount of rent to be posted. Olszewska v. Ferro , 590 So. 2d 11 (Fla. 3d DCA 1991).

If tenant files motion for determination of rent to be paid into registry of the court, tenant must attach to motion documentation to show rent alleged in complaint is in error. Hearing is limited in scope-only to determine an amount of rent to be posted. Error for court to grant default judgment to landlord where tenant had filed a motion for rent determination even though the tenant had not deposited the rent claimed into the court registry. KENDRICK v. CORSER , Miami-Dade County 2011. 19 Fla. L. Weekly Supp. 72a.

c. Fla. Stat. § 83.61 permits landlord to apply to the court for disbursement of funds or for prompt final hearing if landlord can prove:

danger of loss of premises.

Other personal hardship resulting form loss of rental income.

See Pomponio v. Claridge of pompano Condominiums 378 So.2d 774 (Fla 1980).
Court may award all or any portion of funds to landlord or may proceed to final resolution.

Allegation of no-landlord tenant relationship: If the defendant alleges that they are not a tenant, then there is no requirement to post rent in the court registry Grimm V. Huckabee , 891 So.2d 608 (Fla. 1st DCA 2005).

Allegation Plaintiff has no standing: Where tenant alleged that the Plaintiff did not have standing to file the eviction suit the tenant was not required to post rent in the court registry. In Poole v. Patrick , 6 Fla.L.Weekly Supp 257 (12th Cir App 1999) Lease was with Mrs. Patrick, 3 day issued by Mrs. Patrick, eviction complaint filed in the name of Mr. Patrick.

Even if tenant files a counterclaim, tenant must still post the alleged rent in the registry of the court. K.D. Lewis Enterprises Corporation v. Smith , 445 So. 2d 1032 (Fla. 5th DCA 1984).

Tenant’s receiving rent subsidies or public housing are only required to deposit portion of rent that tenant would be responsible to pay pursuant to federal, state or local government program which they are participating.

Defective 3 Day notice: There is a long line of cases stating that a valid 3 day notice is a condition precedent to the filing of an eviction. For many years the courts ruled that if the 3 day notice was defective, judgment could be entered for Defendant without requiring the tenant to comply with Fla. Stat. § 83.60(2). The 4th DCA reversed that in Stanley v. Quest International Investments, 50 So.2d 672 (Fla. App. 2011) “The tenant is required to post the undisputed rent into the court registry to assert any defense other than payment.”

But See Boyles v. Ziegler , 18 Fla. L. Weekly 912a Volusia County 2011: holding that Quest International , “is in direct contradiction with the Florida Supreme Court’s holding in Ferry-Morse Seed Co. v. Hitchcock , 426 So.2d 958 (Fla. 1983) which held that in order to assert a statutory cause of action, the claimant must comply with all valid conditions precedent.” “When there is a contradiction in the district courts, the county court must look to the decision of the District court in which the county is located until the contradiction is settled by the Florida Supreme Court.” Therefore the 5th District is not following the Quest ruling.

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VII DEFAULT JUDGMENT: Fla. Stat. § 83.60(2)

If answer not filed and rent not posted into registry of the court:
Landlord entitled to default judgment and writ of possession to issue without further notice or hearing.

NON-MILITARY AFFIDAVIT: The court requires you to prove that the defendant is not active duty military to obtain a default. You can prove military status in one of 4 ways:
The Palm Beach Clerk of Court in Service Packet #47 (revised 10/20/2010) provides that the requirements for an “Affidavit of Military Status”  may be fulfilled in one of four ways:

1)  A sworn affidavit from the plaintiff landlord articulating facts that would be admissible in evidence.

2) A written admission from the defendant tenant.

3)  An online certificate obtained from  (requires defendant name, social security number and date of birth). There is no charge and you can print out the certificate directly from the website. If you do not know this information, you may have to skip trace your tenant. Note:  this website does not work on the google Chrome web browser,  you must use internet explorer or firefox. You may also get a warning that the site is not trusted. This is because your browser does not come with Department of Defense Root Certificates pre-installed in order to "trust"  the website.   You can install this certificate here:
If you can not get the SSN and DOB needed to get the free certificate from the DOD, you can also purchase a certificate from a private company which charges $36.40 to run the search plus  $15.00 for a certificate.
This website seems to impersonate the DOD website and will come up on search engines when you search for a “military status certificate,” so do not use it and pay for the non-military certificate unless you do not have the information to run the free search.

4) Obtain certificates  by regular mail from each branch of service @ $5.20 each + SASE . This also requests tenant social security number and date of birth and is so impractical compared to the other choices I am not even going to bother listing the mailing addresses of all of the branches of service.

If an answer filed and rent posted then the court should review the legal sufficiency of the answer. If a meritorious defense has been alleged the case should be set for hearing.

If an answer is filed but rent not posted then the landlord should be entitled to a default under F.S. 83.60(2) (1994) as a matter of law. See Hauser “Florida Residential Landlord Tenant Manual”§3.02 [2][a] Default.

Note that the default is as to possession only and not on the damages count.

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Either party may demand a jury to decide issues of facts. Cerrito v. Kovitch , 457 So. 2d 1021 (Fla. 1984); Jacques v. Wellington Crop , 183 So. 22 (Fla. 1938); State ex rel. Jennings v. Peacock , 171 So. 821 (Fla. 1937). The parties may waive their right to a jury trial. C & C Wholesale, Inc. v. Fusco Management Corp. , 564 So. 2d 1259 (Fla. 2d DCA 1990).

Simplified final hearing.
The following facts should be established during a simplified eviction hearing:

LL must have ownership of the property. Fla. Stat. § 83.43(3) (1995).

There must be a rental agreement between the parties. Fla. Stat. § 83.43(2) (1995).

There was a breach of the rental agreement by the T; Fla. Stat. § 83.56(3) (1995).

Proper notice given to T. Fla. Stat. § 83.56(3) (1995), Clark v. Hiett , 495 So. 2d 773 (Fla. 2d DCA 1986).

Nonacceptance by the LL of rent payments from or on behalf of T since issuance of the notice. Fla. Stat. § 83.56(5) (1995); Bodden v. Carbonell , 354 So. 2d 927 (Fla. 2d DCA 1978).


The final judgment should direct the clerk of courts to issue a writ of possession. Fla. R. Civ. P.1.580(a). The writ of possession describes the real property in question, and directs the sheriff to take the property into his or her possession. Anytime after the writ of possession is executed, the owner may also remove the personal property of the tenant. Fla.Stat. § 83.62(2). Additionally, the owner may change the locks on the doors at the time the writ of possession is executed. Id.

Settlement stipulations. Stipulations generally.

Stipulations are enforced in the same manner as other contracts. Federal Home Loan Mortgage Corp. v. Molko , 602 So. 2d 983 (Fla. 3d DCA 1992). Unconscionable and repugnant contracts, i.e., “stipulations” may remain unenforced, Krez v. Sun Bank/South Florida, N.A. , 608 So. 2d 892 (Fla. 4th DCA 1992). Landlord/tenant stipulations.
The courts may properly refuse to enforce unconscionable provisions of rental agreement. Fla. Stat. § 83.45. Knowing waiver.

A tenant may knowingly waive constitutional or statutory rights to which he or she is entitled, provided no public policy is violated. Gilman v. Butzloff , 22 So. 2d 263 (Fla. 1945); Weinberger v. Board of Public Instruction of St. Johns County , 112 So. 2d 253 (Fla. 1927).

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Who may file.

Either the LL or the T may file an appeal within thirty days of the final judgment. Fla. Stat. § 51.011(5); Sheradsky v. Basadre , 452 So. 2d 599 (Fla. 3d DCA 1984).

Tenants who wish to remain in possession must file both an appeal and a motion to stay.

Posting bond.

T must post a bond in accordance with the following conditions:
a. compliance with the court order;

b. payment of costs interest, damages for delay, use or depreciation of the property; or

c. any other condition the court deems appropriate.
Fla. R. App. P. 9.310©(2). The purpose and amount of bond.

The bond’s main purpose is to protect the prevailing party. City of Plant City v. Mann , 400 So. 2d 952 (Fla. 1981). The bond must be reasonably related to the appeal. Cerrito v. Kovitch . If the prevailing party is sufficiently protected, the bond need not be posted. A prevailing party’s award of attorney’s fees pursuant to the final judgment may not be collected by the court as part of the bond. Coral Gables v. Geary , 398 So. 2d 479 (Fla. 3d DCA 1981). The tenant still has a right to an appeal, even where the tenant is not able to post bond and the landlord regains possession of the premises. Ruby Mountain Construction & Development Corp. v. Raymond , 409 So. 2d 525 (Fla. 5th DCA 1982); Palm Beach Heights Development & Sales v. Decillis , 385 So. 2d 1170 (Fla. 3d DCA 1980). Test to determine whether the motion to stay should issue.
The Palm Beach County Court has adopted the following three-prong test:

1- will eviction cause the tenant irreparable harm;

2- will issuance of the motion will substantially prejudice the Landlaord by not regaining the possession of property;

3- if a substantial question is raised on appeal. Royal Palm Beach Ltd. Partnership v. Tutor Time Learning Center of Royal Palm Beach, Inc. , 3 FLW Supp. 290 (Fla. Palm Beach County 1995).

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Fla. Stat. § 83.49(3)(a) sets forth notification requirements when the tenant vacates the premises or upon termination of a written lease: LL has 15 days to return security deposit with interest if there is no claim or LL has 30 days to give T notice of LL’s intent to impose a claim against the security deposit. Notice must: Be sent by certified mail at T’s last known mailing address. If tenant does not give forwarding address LL must still send notice to last known address (the address of rented premises) Hicks v. Marchett , 4 FLW Supp. 525 (Fla. 20th Cir. Ct. 1996). The landlord may not send the claim to the vacated premises if he has knowledge of the tenant’s actual address Morkin v. Dulaire , 13 fla. L. Weekly Supp. 1228a (Broward County 2006). Landlord not, however required to send the claim to tenant’s attorney’s address where no other address was known, Newman v. Gray , 4 Fla. L. Weekly Supp. 271 (Dade County 1996). State the amount of the claim. Specify the reason for the claim. d. State amount LL is claiming. e. Inform the tenant he has 15 days to object or he will forfeit the amount claimed. State the address the objections should be sent to. If notice is defective or not timely tenant does not have to respond.

If landlord does not send notice, he forfeits right to security deposit no matter how much damage the tenant has caused. Durene v. Alcime , 448 So. 2d 1208 (Fla. 3d DCA 1983). Fla. Stat. § 83.49(2)(a); Gersten v.Cimovski , 43 Fla. Supp. 2d 38 (Fla. 17 Cir. Ct. 1990).

If tenant does not timely object to notice, then landlord keeps amount claimed and must return remainder within 30 days.

If landlord fails to escrow the deposit, he does not forfeit his right to claim against the deposit. Pekofsky v. Golden , 1__ Fla. L. Weekly 478 (Fla. 11 Cir. App.1993).

In order for a tenant vacating before the expiration of the written lease or oral lease to be entitled to a written claim from the landlord, the tenant must give written notice that he is vacating by certified mail or hand delivery at least 7 days before vacating; and inform the landlord of new address. Fla. Stat. § 83.49(5). Tenant’s failure to do so relieves landlord of notice requirement. Tenant’s failure to give notice does not forfeit tenants’s right to security deposit, Rolle v. Armesto , 6 Fla L. Weekly Supp 398 (11th Cir. App. 1999).

Landlord Terminates Rental Agreement Early: If the landlord evicts the tenant, the tenant is probably not required to give the 7 day notice in order to be entitled to a written claim from the landlord Speigner v. Holland , 1 Fla. L. Weekly 529a (Broward County 1993)

Landlord’s failure to properly claim the security deposit does not preclude an independent action for damages. If a tenant files a claim for return of the security deposit and prevails, the security deposit may not be used by the landlord for purposes of a set-off against his claim for damages. Durene v. Alcime , 448 So. 2d 1208 (Fla. 3d DCA 1984). But see Stephenson v. Cox , 13 Fla. L. Weekly Supp 910 b (Broward County 2006) tenant’s deposit was set off against landlord’s damages.

If tenant prevails on complaint for security deposit, but landlord prevails on counterclaim for damages, tenant is entitled to attorney fees on the security deposit claim. Fla. Stat. § 83.49(3)(c).

Security deposit can be used for back rent if not prohibited by lease. Pekofsky v. Golden , 1 Fla L, W eekly Supp. 478 (Fla. Dade County 1992). REASONABLE WEAR & TEAR : Normal wear and tear in light of the length of the tenancy does not constitute damages.

Definition of normal wear and tear: “the wear which the property undergoes when the tenant does nothing more than come and go and perform the acts usually incident to an ordinary way of life.” Tirrell v. Osborn 55 A.2d 727 (D.C. App 1947).

Examples :

Carpet cleaning, general cleaning of the house and driveway/patio, or painting, held to be ordinary wear and tear. BURLEY v. MATEO, (Broward County 2010) 18 Fla. L. Weekly Supp. 624a.
Failure to return keys, removal of drapes, lewd messages on wall : not normal wear and tear SMITH vs. NIEDERRITER, Broward County 2011, 18 Fla. L. Weekly Supp. 1051a.
Real estate agent’s commission allowed as damages, McLennan v. Rozniak , 15 Fla. Supp.2d 42 (Palm Beach 1985).
Amount : evidence that Landlord paid for repairs is evidence that expenses were reasonable. Note Landlord is entitled to do the work himself though and may recover a reasonable cost of repair.
Burden of proof: Landlord must proved Tenant caused damages. Then burden on Tenant to show preexisting. Stegeman v. Burger Chef Systems Inc., 374 So.2d 1130 (Fla 4th DCA 1970).

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Duty to maintain premises . The landord’s duty to maintain the premises is set forth in §83.5(1). The landlord must comply with the health, housing and building codes. Unless agreed otherwise the landlord is also responsible for: Extermination, locks & keys, maintenance of common areas, garbage removal & receptacles, heat & hot water.

The landlord must reasonably inspect premises before allowing T to take possession and must make all repairs necessary to transfer a reasonably safe dwelling unit fit for human habitation. Duty of LL to repair dangerous defective conditions upon notice of their existence continues after T takes possession.

The landlord must however have notice of defects that occur in the premises after the tenant takes possession. In Tolles v. Garcia , 694 So. 2d 94 (Fla. 3d DCA 1997), LL did not have notice of allegedly dangerous elevation changes between a carpeted floor in the bedroom and tile surface in a hallway and, therefore, LL was not liable for injuries to tenant’s guest sustained when she tripped on elevation change.

Single Family Homes and Duplexes : 83.51(1) maintenance duties may be assigned to the tenant in the lease.

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If LL:

Fails to comply with Fla. Stat. § 83.51(1) or material provisions of the rental agreement; Within 7 days after delivery; Of written notice by the tenant; Specifying the non-compliance; And indicating the intention of the tenant to terminate the rental agreement. Notice needs to be sent prior to 3 day notice otherwise defense of constructive eviction can not be raised. Lakeway Management Company of Florida, Inc. v. Stolowilsky , 527 So.2d 950 (Fla. 3d DCA 1988). The tenant may terminate the tenancy. Notice may be hand delivered or mailed to: Landlord. Property manager. Person authorized to collect rent. If the failure to comply with Fla. Stat. § 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the LL and the LL has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered as follows: If the LL’s failure to comply ren complaint-letter-to-landlord-rid-0.html. complaint definition crpcders the dwelling unit uninhabitable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable. Ralston, Inc. v. Miller , 357 So. 2d 1066 (Fla. 3d DCA 1978); Berwick v. Kleinginna Investment Corp. , 143 So. 2d 684 (Fla. 3d DCA 1962). If the LL’s failure to comply does not render the dwelling unit uninhabitable and the tenant remains in occupancy, the rent for the period of non-compliance shall be reduced by an amount in proportion to the loss of rental value caused by the non-compliance. Where tenant has reasonable basis for withholding rent and deposits same to court registry, tenant may not be evicted based on non-payment of rent. Pilver v. Lenox Realty Associates, Ltd. , 2004 WL 1965861 (Fla. Cir. Ct. 2004) Where the complained of repairs are minor, then tenant will be found in violation of the lease for failure to pay rent. The mere failure, however, of the landlord to make repairs, the need of which does not render the premises untenantable, will not warrant an abandonment of the premises or relieve the tenant from liability for rent. BENSON, vs. ALBERT'S CARPET OF TEQUESTA, INC., (Palm Beach County, 2008) 15 Fla. L. Weekly Supp. 1121a. The test of the breach is an objective one, i.e., whether the premises met ordinary, normal standards reasonably to be expected of living quarters of comparable kind and quality. In MURPHY  vs. LOGIUDICE, Palm Beach County Court 2009, 16 Fla. L. Weekly Supp. 966a. Back To Top XIV. Right to Enter: Fla. Stat. § 83.53.

Without consent:

1. The landlord may enter the dwelling unit at any time without the tenant’s consent to protect or preserve the premises. 83.53(2)

2. In case of emergency 83.53(2)(b)

3. When tenant unreasonably withholds consent to inspect, supply services, exhibit the unit 83.53 (2)©

B. Upon reasonable notice : repair. Reasonable notice = 12 hours. Reasonable time = 7:30 am – 8:00 pm 83.53(2) (the statute does not REQUIRE written notice)

Tenant absent : if the tenant is absent for half of a rental payment period, the landlords is notified of the absence, and the rent is current, the landlord may not enter without the tenant’s consent except to protect or preserve. 83.53 (d)

Harass: the landlord shall not abuse the right of access or use it to harass the tenant. 83.53 (d). Harassment may rise to the level of constructive eviction. See Peeping Tom landlord case John Kaminski Jr. v. Dynelle Gibson Case 05-CC-02240LT 13th Judicial Hillsboro County, FL [13 Fla L. weekly Supp. 105]


Constructive Eviction. The landlord may not cause directly or indirectly the

Interruption of any utility service furnished the tenant. Includes: utilities under the control of or paid by landlord or provided for in the lease. Examples include; heat, gas, water, electricity, garbage collection, and refrigeration. Fla. Stat. § 83.67(1). [But see Badaraco v. Suncoast Towers v. Associates , 676 So. 2d 502 (Fla. 3d DCA 1996) which held that tenant could not recover statutory damages where temporary interruption of water and elevator services was due to landlord’s general repairs and renovations and were not intended as a self help eviction].

Change locks or use any bootlock or similar device.

Remove outside doors, locks roof, walls, or windows except for maintenance, repair etc.

Remove personal property except after surrender, abandonment or a lawful eviction

Examples of constructive eviction:

a. Apartment is uninhabitable due to water damage from unrepaired roof. Ralston Inc. v. Miller , 357 So. 2d 1066 (Fla. 3d DCA 1978);

b. LL threatened eviction causing tenant to vacate. Caso v. Nelson , Inc., 419 So. 2d 668 (Fla. 4th DCA 1982).

c. Peeping Tom landlord John Kaminski Jr. v. Dynelle Gibson Case 05-CC-02240LT 13th Judicial Hillsboro County, FL [13 Fla L. weekly Supp. 105]

1) Filing of mortgage foreclosure against subject premises does not constitute constructive eviction TELFAIR-OIERCEW, , vs. GASKIN,. County Court, 17th Judicial Circuit in and for Broward County. Case No. 10-11259 COCE (53). 18 Fla. L. Weekly Supp. 310a

2) Where landlord removed kitchen appliances at gunpoint after tenant complained to code enforcement, tenant awarded 3 months rent per day until appliances returned. IRELAND vs. DIAMOND , Broward County. 1994. [2 Fla. L. Weekly Supp. 223c ]

Landlord may not discriminate against a service member 83.67(3)

Landlord shall not prohibit a tenant from displaying a U.S. Flag not larger than 4.5’x6’

(a) LL liable for actual and consequential damages or 3 months rent, whichever is greater, and costs, including attorney fees.

(b) Subsequent or repeated violations, which are not contemporaneous with the initial violation, shall be subject to separate awards of damages.

© Punitive damages for self help may be possible if T can show self help was done with fraud, actual malice, or deliberate violence or oppression, or when LL acts willfully or with such gross negligence as to indicate a wanton disregard of rights of others. If Tenant Receives Dwelling As Part of Employment and Employment Terminates Fla. Stat. $83.46(3):

Employer entitled to rent from day after employment ceases until day unit vacated at rate equal to rate for similarly charged residences.

If wages are payable weekly or more frequently then tenancy is week to week and must give 7 days notice to vacate prior to end of any week. If wages are payable monthly or no wages are payable, then tenancy is month to month and must give 15 days notice prior to end of month.

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LL cannot retaliate against T by discriminatively:

Raising the rent.

Decreasing services

Threatening court action.

Examples of retaliatory conduct are as follows:

Tenant has complained to a government agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises;

Organized, encouraged or participated in a tenants’ organization; or

Complained to the landlord pursuant to Fla. Stat. § 83.56(1)

Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession. The tenant has initial burden of proof that landlord’s primary reason for eviction is retaliatory. The burden shifts to the landlord to prove that eviction is based on good cause which include but are not limited to:

Non-payment of rent; Violation of lease or rules; Violation of statute.

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The tenant is obligated to

comply with all building and health codes

keep the leased premises clean and sanitary

remove their garbage in a clean and sanitary manner

Maintain plumbing fixtures in a clean and sanitary condition, including repair.

Use and operate all plumbing, heating, airconditioning, electrical, and other fixtures in a reasonable manner

Not destroy, deface, damage, impair, or remove any part of the leased premises, not permit any person to do so;

Conduct himself and require other persons on the premises to conduct themselves is a manner that does not unreasonably disturb the neighbors or constitute a breach of the peace.

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If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the non-compliance.

Service and Pleading Requirements

. Complaint must seek damages. See Antoniadis v. Earca, N.U. , 442 So. 2d 1001 (Fla. 3rd DCA 1983). Or issue may be tried by implied consent if no unfair prejudice created thereby. Smith v. Mogelvang , 432 So. 2d 119 (Fla. 2nd DCA 1983).

But see Fla. Stat. § 83.61 suggesting damages may arise from possession claim only and Fla. Stat. § 83.625 suggesting the same thing, but requiring compliance with the Florida Rules of Civil Procedure. F.R.C.P. 1.110(b) requires, “a demand for judgment for the relief to which the pleader deems himself or herself entitled.” (Appendix17) See Stein v. Hubbs , 439 So. 2d 1005 (Fla. 5th DCA 1983) (approving 5-day summons for damage claim and order to the contrary based upon more recent statutory language). 20 day summons.
a. No positing (See Fla. Stat. § 83.625) (Appendix 19).
b. But if answer is filed denying debt, how does it affect damage claim if:
(a) complaint only asks for possession;
(b) complaint asks for damages, but only 5-day summons is served;
© complaint asks for damages, but service is by posting.
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Complaint Letter to the Landlord


1 1.6K 2 0 0 Useful Download Download to local drive Save a copy on Hashdoc Twitter Linkedin Facebook Google+ Pinterest ABSTRACT It is a great trouble for the tenants in the rainy season if the apartment that they have rented develops any water logging or leakage problem. A tenant cannot undertake any repair work on his own behalf and thus has to inform the landlord of the existing problem and requesting him to undertake the necessary repairs. A complaint letter then informs the landlord what sorts of problems are being faced by the tenants.

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