Our FL health facility has suffered ongoing problems with a leaky roof creating a lot of damage over many years, including a ceiling collapse (water-laden ceiling tiles) on patient (who has not sued us yet, but indicated she may). Landlord refuses to fix problem blaming tenant for not maintaining A/C unit on roof, which they claim as cause of problem. Roof leaks around A/C unit and several other locations from DELAMINATION of asphalt membrane (Old against new) on metal roof deck that has many holes. Roofer inspection done. We diid not sue landlord, expecting an amicable remedy. When that did not work, as part of our damage expenses, work loss and other rent overcharges, we subtracted rent for proprotianate amount. Landlord filed eviction, did not want to mediate, did not provide discovery and asked for Summary Judgement.
Court ruled in favor of landlord claiming we WITHHELD rent (not allowed per lease). We consider it remedial action (equitable maintanance) but Court not willing to re-hear/allow appeal. Landlord wants to evict with 24-hr notice. Here are the questons:
1) Is equtable remedial action enforceable against long-term landlord neglect and what FL statutes support it?
2) What other grounds do we have for our actions under FL law?
3) What laws/restrictions apply to evicting a medical office in 24-hours? ( w.r.t. patient abondomnet issues, due notification, alternate office, etc.)
This landlord SUCKS and we want to move anyway, but by a proper sale of the practice where our significant leasehold improvement is recovered. Would appreciate all advise ASAP.

Wrongfully evicted.

I am not sure I can help with your January eveiction but I do have an opportunity for an MD or DO in Sarasota, Florida

If you are interested please feel free to call me at 941-957-4730 Neil

Unfortunatly, withholding rent is something you should never do. In most cases, witholding rent gives the lanlord the right to evict you, regardless of the living conditions (though it can be a breach of the lease letting you leave any time without penalty). You can however, pay the rent into a trust or escrow account held by the courts (after you file a complaint with the appropriate party). Some cities have setup a mechanism to make this easy, others you would actually have to file a complaint in court. The courts would not give the landlord his money until the problems are resolved.

Your lawer may be able to file an injunction, delaying the eviction to give you time to move, arguing extenuating circumstances (patients welfare).

-Tim