Where rat infestation continued despite reasonable extermination attempts and tenant refused landlord's offer of another, comparable apartment, tenant was not entitled to rent abatement

Tenant served Landlord with a 7 day notice dated August 19, 2002 regarding a rodent infestation and then goes on rent strike.

Landlord offered Tenant another apartment which is refused.  Landlord exterminates the apartment on August 15 and September 19, 2002.

In September landlord files an eviction for non-payment of rent.  Defendant defends the eviction under § 83.60 and § 83.56(1)(b), Florida Statutes, which permit a tenant to withhold rent or reduce the rent, when a landlord materially fails to comply with the requirements of § 83.51(1), Florida Statutes. The statutory Defense raised by the Defendant pursuant to § 83.56(1)(b) and § 83.60, Florida Statutes applies only to violations under § 83.51(1) and not §83.51(2). Defendant has not proven any violation of Subsection 83.51(1).

Pursuant to § 83.51(2), Florida Statutes, the Plaintiff has a duty only to provide “reasonable provisions” for the extermination of rodents. The statute does not require the landlord to insure that no infestation shall occur.

Although the Landlord’s  efforts were unsuccessful, nowhere does the Florida Landlord Tenant Statute permit a reduction or withholding of rent, unless the tenant is required to vacate the premises for extermination of the premises (not to exceed a 4 -7 day period, as the case may be), in which case the landlord must abate the rent.

Defendant has sued the Plaintiff for damages based upon a claim that the apartment was not habitable.  The rodent infestation is no doubt horrible, but the Defendant cannot claim the property inhabitable while at the same time insisting on remaining in possession of the premises.

As tenant last paid her rent on August 5, 2002, she waived all claims incurred prior to that date. Section 83.56(5), Florida Statutes, provides in part that:

. . . if the tenant pays rent with actual knowledge of a noncompliance by the landlord . . . the tenant waives his or her right to terminate the rental agreement or bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance.

 SPV REALTY, L.C.,  v. CLUTE, Defendant. County Court in and for Miami Dade County, 2002

10 Fla. L. Weekly Supp. 117bBottom of Form