![]() ![]() Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. The lease may provide for a longer period of time for repair or maintenance. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The tenant shall serve the landlord, in the manner prescribed by s. When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. Before the writ issues, the plaintiff or the plaintiff’s agent or attorney shall file a bond with surety to be approved by the clerk payable to defendant in at least double the sum demanded or, if property, in double the value of the property sought to be levied on, conditioned to pay all costs and damages which defendant sustains in consequence of plaintiff’s improperly suing out the distress.Ĩ3.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable right to withhold rent. 83.135, the sheriff shall, pursuant to a further order of the court, levy on the property liable to distress forthwith after the time for answering the complaint has expired. If the defendant does not move for dissolution of the writ as provided in s. ![]() A violation of the command of the writ may be punished as a contempt of court. The writ shall enjoin the defendant from damaging, disposing of, secreting, or removing any property liable to distress from the rented real property after the time of service of the writ until the sheriff levies on the property, the writ is vacated, or the court otherwise orders. A distress writ shall be issued by a judge of the court which has jurisdiction of the amount claimed. ![]()
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