HomeMy WebLinkAbout2868 ~4~ COUNTY COURT INVANU FOKF
SAINT LLICIE COUNTY, FLORIDA
CASS N0. 74-494-LT-O1
D~TBD, IrIC .
Plaintiff • t
-vs-
f{LEC 1.lID p~CpROEO
W~y~ fLU1C1E COUMTY FIA.
Lefendant ROCE? aO~TRA3 ~
CIERK i.3ri~U1T COURT
RECORO Yi?1FIE0
M~r 1 932~H'7~
O R D B R
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Florida Statute 83.60 provides that in an action by the landlord for
possession of a dvelli~g unit based upon nonpayment of rent, the tenant may
defend upon the ground of a material non-compliance vith the landlord's
ob~igation to maintain the premises or may raise any other defense, whether
legal or equitable, that he may have. Said defense by the tenant is a
cooplete defense to an action for possession based upon nonpayu~ent of rent,
and, upon hearing, the Court shall determine the aa?ount, if any, by which
the rent is to be reduced to reflect the diminution in value of the dwelling
ur?it. 1t~is statute is a neW statute under which the Court is now obligated
to fotlov and makes the following detern?fnation:
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1. Tfiat the tenant is delinquent in the rent by the sum~ of $50.
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2. ltiat certain defects exist as enumerated in the answer by the ~
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tenant and, ahould be corrected by the landlord.
~ 3. The tenant is authorized to deduct the swn of $50 per month on
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r a monthly basis until the following conditions are corrected: j
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~ a. Repair the atove. #
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~ b. Repa ir the a ir cond it ioner .
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~ c. Repair the dishvasher.
~ trpa,•~i~cio~ of the premises, the Court found no existing condition
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ti to coeply vith the legal tersn "vaste". Certainly the Court saw and observed
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use 5ut no abuse, especially realizing the existance of small children. In
arry event, the tena~t is obliga[ed upon termination of the ter?ancy to reatore
; tre premises, excepting therefrom normal wear and tear. I[ is upon
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~1 CONSIDExATION that [he removal oE tenancy acCion be.arl~ .the same is !
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= t~ereby dismissed at the cost of the plai~tiff. ~ :-.f ~'~j.
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_ DO*IE A.~i ORDBRED in Chambers this 26th day.~~~tfY~.A.D~t~ 1974.
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