If landlord has not fixed issues with a rental property can she ask tenant to leave the premises if he hasn't paid rent?

1 Answer

Answer :

Yes, the landlord may evict, even under the circumstancesmentioned above. The real question is will they win. In Floridathey will win, in South Carolina, they're likely to lose,especially if the tenant mentions this in their answer to theSummons. In Florida, you must give adequate notice that if theydon't fix an essential item in the home/on the property, you willhave it fixed and offset from the rent. You must do this with anotice of seven days or more BEFORE the next rent is due. Yourlandlord can still evict but will likely lose. If they do evict youand they lose and knew that they would likely lose, you can file acounterclaim for up to three months of rent abatement. This is alsotrue in South Carolina.

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