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Proper procedures must be followed according to state and/or local laws regarding this. In Florida you must give the landlord at least a seven-day notice of your intent to fix something that is vital to your living in the home before you can legally offset it from the rent. The repair must not be frivolous and must be of something, like the water heater, that is vital to the function of the home or would make the home uninhabitable if such repair is not made. This said, the landlord can still evict you for non-payment of rent. However you would likely win the case and can seek damages from the landlord of up to three month's rent abatement. Now, if the landlord does evict you in Florida, you can pay what would be the rent amount to the Clerk's Office instead of the Landlord so that you can request a final hearing before a judge or magistrate. If you paid out money to fix something vital in the house you can ask for an emergency hearing to determine rent amount, before you get your final hearing. Whatever the judge says is the amount you have to pay-- most likely it will be your rent minus your repair expense-- and you must pay it immediately in order to have a hearing. Your landlord will get that money, minus the court registry fee of about 14%-- a penalty that will make your landlord think twice about being greedy about the rent!

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Q: Can a renter put rent into escrow if landlord doesn't fix property?
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In general, no. Renter's insurance covers the property of the renter, not the property of the landlord.


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Must the person who takes a rent abatement put the abated rent in escrow?

Yes, you must place it with the clerk of the county you reside in. The reason for placing the rent in an escrow account is to alert the court to a bad landlord. The clerk has a duty to notify the landlord of the rent-escrow and the steps needed to collect the money. Failure to comply with the terms of the escrow is grounds for a renter to quit their lease, demand a refund of the escrow, and security deposit!


What is the difference in renter and landlord insurance?

The diiference between landlord & renters insurance is that landlord insurance is a policy that covers property owner from financial losses with their property.Renters insurance is policy that cover the renter from financial losses or personal items.


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In the situation you describe, is the landlord the sole owner, and you are a renter or lessee? If the landlord is the sole owner of the property, and you are the lessee, they remain the landlord/sole owner despite where they may live. If you are renting the property from the landlord, you are only a lessee and not a joint owner.


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Can you put a lien on property for collecting security deposit?

The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.


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