Orlando Florida Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory threats to evict or retaliatory eviction

State:
Florida
City:
Orlando
Control #:
FL-1063LT
Format:
Word; 
Rich Text
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Description

This is a form from a Tenant to Landlord in response to Landlord's threat to evict Tenant from the premises. Tenant is contending that Landlord's threat to evict is retaliatory in nature and was done so in response to Tenant's actions as specified in the form. This form complies with state Housing Laws.

[Your Name] [Your Address] [City, State, ZIP] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP] Subject: Notice to Cease Retaliatory Threats to Evict or Retaliatory Eviction Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a matter of concern regarding the recent actions and statements made by you, which I believe constitute retaliatory threats to evict me from the rental property located at [Rental Property Address]. As a tenant, I have been exercising my rights responsibly and fulfilling all my obligations as outlined in the lease agreement. However, it has come to my attention that you have taken actions that appear to be retaliatory in nature. These actions and statements include but are not limited to [provide specific details of the retaliatory behavior, such as verbal threats, harassment, unjustified rent increases, excessive scrutiny, or unwarranted eviction notices] I believe these actions are in violation of my rights as a tenant and may constitute retaliation, which is strictly prohibited under Florida's landlord-tenant laws (Florida Statutes Chapter 83). According to the law, it is illegal for a landlord to retaliate against a tenant for engaging in lawful activities such as requesting necessary repairs, exercising rights, reporting code violations, or organizing with other tenants. I kindly request that you cease all retaliatory threats or actions immediately. I expect to continue enjoying a peaceful and mutually respectful relationship as tenant and landlord. Furthermore, I also request that you demonstrate your commitment to resolving this issue by rectifying any unlawful actions taken against me thus far. In the unfortunate event that these retaliatory actions persist or escalate, I want to make it clear that I am aware of my rights as a tenant and will not hesitate to take appropriate legal action to protect those rights. So far, I have made every effort to maintain a positive relationship with you, and I hope that it can be maintained without further conflict or repercussions. I kindly request a response from you within [a reasonable time frame, such as seven days] from the receipt of this letter confirming that you will comply with the applicable laws and cease all retaliatory actions. Failure to do so may result in further legal action to seek remedies and damages available under Florida's landlord-tenant laws. Please find enclosed a copy of this letter for your records. I thank you for your attention to this matter and anticipated cooperation. Yours sincerely, [Your Name]

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FAQ

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave. Harassment can include: stopping services, like electricity. withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key.

Under most landlord retaliation statutes, a landlord can't evict, harass, or raise the rent of a tenant for doing something legal. A landlord may not like the renter's actions, but they cannot seek revenge. A common retaliation tactic is trying to evict a renter after they complain to a government agency.

Prematurely demanding rent. Changing locks or other self-help eviction actions. Disposing or seizing tenants' personal property. Abusive, profane, or threatening language.

California state law (Cal. Civ. Code §§ 1940.35, 1942.5 (2020)) prohibits landlords from retaliating against tenants.

Landlord harassment is illegal in California. California Civil Code Section 1940.2 specifically forbids a landlord to force a tenant out of their home by: Displaying ?forceful, threatening, willful, or menacing conduct? towards you or your guests.

Florida law states that landlords cannot take part in any one of the following retaliatory acts: Terminating your lease without appropriate reason. Refusing to renew your lease without appropriate reason. Filing an eviction lawsuit without appropriate reason.

LANDLORDS CANNOT JUST THROW YOU OUT. Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order.

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave. Harassment can include: stopping services, like electricity. withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key.

A revenge or retaliatory eviction is when a private landlord takes steps to evict tenants who ask for repairs or complain about bad housing conditions.

Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.

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Are there laws requiring notice before entry? Yes. Are there required disclosures that need to be given to tenants?The laws described here may change without notice. Before any court proceedings to evict can proceed, a landlord must provide the tenant with written notice. The vast majority of managers understand that a resident who vacates prior to the lease end date may be liable to some extent for future rent.

In the event that a landlord fails to provide a termination notice and a non-paying tenant is evicted, the landlord has a duty to mitigate damages and provide reasonable rent reduction, as discussed below. The notice should include any pertinent information about the lease termination and provide at least 60 days as an advance notice to the tenant if possible. In most cases, if you have given the landlord (or an agent) written notice (otherwise known as a “repair and deduct”) of the eviction, you can be held liable for any unpaid rent when the termination of the lease takes effect. Notice Requirements If you give a landlord notice of eviction, you can also be held liable for any unpaid rent. If there is no written notice, the landlord must send you an eviction notice within seven days. After you give or receive a notice (including the right to “repair and deduct” the rent) you are entitled to recover rent due.

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Orlando Florida Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory threats to evict or retaliatory eviction