Can I have an eviction overturned if my slumlord filed an eviction on me due to nonpayment after code enforcement came and took pictures of my house and will be filing a case against her? My children and I have nowhere to go because the eviction is hindering me from getting approved from anywhere else.
Answer
The answer is probably not, unless you previously gave him a 7 day notice to cure under Florida Statutes 83.56. However, you may have claims against him under Florida's landlord-tenant laws for failure to maintain the property, and for personal injury if anyone was hurt or sick as a result of his failure to maintain. I would recommend consulting with a personal injury or landlord-tenant attorney in your area. Generally, initial consultations are free.
Answer
Code enforcement alone is likely not a sufficient basis for you to withhold rental AND even if you did you would be required to deposit those sums in the registry of the court.
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