Can I serve my landlord a 7 day repair notice even if I know he is going out of town?

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Can I serve my landlord a 7 day repair notice even if I know he is going out of town?

My landlord tried to evict me last month and lost. Now he is making it impossible for repairs by limiting his availability to my working hours. I tried to set up a day my children would not be home and he claims to be leaving that day to go out of town for 10 days. Can I still send him a 7 day notice and withhold rent if he does not complete the repairs. (At the previous hearing the judge said if I mail a 7 day notice I have to allow an extra 5 days for mail delivery).

Asked on June 11, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written with respect to the repair issues that you have with your landlord over your rental, you can send your landlord a seven (7) day repair notice knowing that you have to allow an extra five (5) days for mailing where the landlord will be out of town for the next ten (10) days.

It is better to get the time running on the needed repairs moving now rather than later.


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