problem with my landlord- evicting for non payment when I didn't refuse to pay

[Nat C.]

I am having an issue with my landlord where he has threatened eviction and I am confused about the legal situation. 

There were some major problems with the unit I rent this month. Firstly there was a bed bug infestation (I didn't have any guests stay). I informed the landlord and he said it wasn't his responsibility although I read in MFR properties in Florida that extermination is the landlords responsibility. Needless to say I hired a company for $250 and got rid of the problem.

Then a week later I came home and the entire unit was 2 inches deep in water and there was water gushing out of the kitchen pipes. I tried calling the landlord, although he doesn't answer 99% of the time. I then called an emergency plumber who said they were on their way. I ran across the road and got a handyman who lives nearby and brought him over. After a lot of searching we found the water supply and turned it off. The whole place was like a swimming pool and we were both saturated. My neighbor stayed for 2 hours bucketing water out of the property. It was back-breaking work and I gave him $100 for helping me.

The plumber finally arrived and looked at the pipes. He said he was shocked by how everything was hooked up and that it was all done against code. The landlord FINALLY turned up and argued with the plumber. The plumber told me that all he could do was patch up the hole and leave as all the plumbing was illegal. He said they usually fix everything and bring equipment to dry the property but the landlord stated he had no insurance and wouldn't be paying for clean up.

The landlord then came back with a wet/dry vac and did a half-*** job of cleaning up the remaining water. I spent the following 5 hours trying to clean and dry everything. My iphone, other electronics, cosmetics and some clothing were damaged beyond repair.

I informed my landlord of the damaged items the next day and he brushed it off. When the landlord came to collect the rent, I said I would like to discuss a lesser rent due to the costs I incurred. Instead of asking how much rent I thought was fair or discussing anything, he said he would carry out an eviction. I didn't say 'I'm not going to pay' or 'I'm only going to pay X amount', I just asked if he would consider a lesser rent. It seemed like he was refusing any rent payment.

There is a another underlying issue as the landlord tried to initiate a relationship with my room-mate (landlord and room-mate are both gay). My room-mate doesn't have a lease with the landlord, as I rented the room to him. He invited my room-mate to his house for drinks, got him drunk and tried to kiss him and room-mate subsequently rejected him (there is a 40 year age difference).

I have now been served a 3 day notice and I don't understand the legal situation. I absolutely do not want to go through the process of moving even though I don't like the landlord.

One might say the sensible thing to do is to just pay the full rent (rent is $1200 and I was going to ask for a $200 discount). Is this the best course of action? My friend told me to pay the rent and then get the city inspectors to come and assess all the violations but I'm not a vindictive person. 

[Travis Lloyd]

Ok so the bad news first: no matter how "illegal" his plumbing is, only YOUR renters insurance would cover your personal belongings. Now that doesn't mean the landlord couldn't go out of his way to help - but he is not required to compensate you for your belongings. That is why renters insurance exists.

On the other side: I would pay the rent in full, and probably move. The reason I would pay the rent is that were he to file the papers to begin eviction proceedings, your name will permanently have that associated with it. This may not come up through all rental background checks, if the papers are withdrawn shortly after being submitted, but depending on the company performing the background checks - they may in many cases be able to find records of the filing for the eviction! Even though you were never evicted!

Why should you move? This event sets a dangerous precedent. You had a problem, and from the landlord's viewpoint "threatened" to withhold rent. He countered with eviction proceedings, and you paid. So what happens next time you have another legitimate problem? The story repeats.

Now I am usually on the other side of this table, (i.e. the landlord or their agent), but I hate nothing more than people giving us a bad name. So once you do decide to move (and only if you decide to move) call code enforcement, and the building department. It couldn't hurt to e-mail photos of the plumbing to both departments as well. The reason I say only to do this if you move is once again - think of what this will do to your relationship with the landlord. You will now be the "problem tenant" and thats never a good spot to be in. Not that I'm calling you the problem - but you will be branded nonetheless.

Sorry, but that sounds like the only way to go forward.