13308 RESOLUTION NO. 13308
WHEREAS, Chapter 83, Florida Statutes, sets forth
the existing law governing the relationship between landlord
and tenant and provides only for the summary eviction of a
tenant upon non-payment of rent, and affords the tenant no
right to set up any defense to such summary proceedings other
than a denial of any rent due, and
WHEREAS, said statutory provisions were historically
derived from the early Middle Ages and governed the feudal
relationship between lord and tenant, and
WHEREAS, said concepts were not wholly unsuitable
in the early history of the state during its primarily rural
and agrarian stage of its development, but
WHEREAS, the complexities of modern urban life
with its concomitant complex and proliferating problems has
rendered the existing law governing the relationship between
landlord and tenant an instrument of injustice and inequity,
and fails to afford a judicial resolution of problems arising
out of the landlord tenant relationship, and
WHEREAS, the leasing of apartments and living units
in the present state of modern society contemplates and calls
for not merely walls and ceilings, but also adequate light,
air, ventilation, heat, serviceable plumbing facilities, secure
windows and doors, proper sanitation and proper maintenance;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH. FLORIDA, that the Legislature
of the State of Florida be, and it is hereby formally requested
to enact, at the earliest possible time, suitable legislation
amending the existing landlord tenant law so as to provide
that in suits brought by landlords for the recovery of possession
of apartment and residential property in which the basis of
the recovery of possession is solely the non-payment of rent,
that tenants may lawfully set up, by way of equitable defense
or claim, either by way of recoupment, or set off in an amount
equal to the rent claim, in the event of any failure or default
on the part of the landlord to perform the covenants and
conditions of the lease agreement pertaining to the suitability
and habitability of the premises demised.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, that copies of this resolution
be transmitted to each member of the Dade County delegation
to the Legislature of the State of Florida.
PASSED and ADOPTED this 7th day of July , 1971.
(Signed) Jay Dermer
Mayor
Attest:
(Signed) Ruth B. Rouleau
City Clerk-Finance Director
(SEAL)
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
RESOLUTION NO. 13308
WHEREAS, Chapter 83, Florida Statutes, sets forth
the existing law governing the relationship between landlord
and tenant and provides only for the summary eviction of a
tenant upon non-payment of rent, and affords the tenant no
right to set up any defense to such summary proceedings other
than a denial of any rent due, and
WHEREAS, said statutory provisions were historically
derived from the early Middle Ages and governed the feudal
relationship between lord and tenant, and
WHEREAS, said concepts were not wholly unsuitable
in the early history of the state during its primarily rural
and agrarian stage of its development, but
WHEREAS, the complexities of modern urban life
with its concomitant complex and proliferating problems has
rendered the existing law governing the relationship between
landlord and tenant an instrument of injustice and inequity,
and fails to afford a judicial resolution of problems arising
out of the landlord• tenant relationship, and
WHEREAS, the leasing of apartments and living units
in the present state of modern society contemplates and calls
for not merely walls and ceilings, but also adequate light,
air, ventilation, heat, serviceable plumbing facilities, secure
windows and doors, proper sanitation and proper maintenance;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH. FLORIDA, that the Legislature
of the State of Florida be, and it is hereby formally requested
to enact, at the earliest possible time, suitable legislation
amending the existing landlord tenant law so as to provide
that in suits brought by landlords for the recovery of possession
of apartment and residential property in which the basis of
the recovery of possession is solely the non-payment of rent,
that tenants may lawfully set up, by way of equitable defense
or claim, either by way of recoupment, or set off in an amount
equal to the rent claim, in the event of any failure or default
on the part of the landlord to perform the covenants and
conditions of the lease agreement pertaining to the suitability
and habitability of the premises demised.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, that copies of this resolution
be transmitted to each member of the Dade County delegation
to the Legislature of the State of Florida.
PASSED and ADOPTED this 7th day of July , 1971.
(Signed) Jay Dermer
Mayor
Attest:
(Signed) Ruth B. Rouleau
City Clerk-Finance Director
(SEAL)
OFFICE OF CITY ATTORNEY--1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
RESOLUTION NO. 13308
WHEREAS, Chapter 83, Florida Statutes, sets forth
the existing law governing the relationship between landlord
and tenant and provides only for the summary eviction of a
tenant upon non-payment of rent, and affords the tenant no
right to set up any defense to such summary proceedings other
than a denial of any rent due, and
WHEREAS, said statutory provisions were historically
derived from the early Middle Ages and governed the feudal
relationship between lord and tenant, and
WHEREAS, said concepts were not wholly unsuitable
in the early history of the state during its primarily rural
and agrarian stage of its development, but
WHEREAS, the complexities of modern urban life
with its concomitant complex and proliferating problems has
rendered the existing law governing the relationship between
landlord and tenant an instrument of injustice and inequity,
and fails to afford a judicial resolution of problems arising
out of the landlord tenant relationship, and
WHEREAS, the leasing of apartments and living units
in the present state of modern society contemplates and calls
for not merely walls and ceilings, but also adequate light,
air, ventilation, heat, serviceable plumbing facilities, secure
windows and doors, proper sanitation and proper maintenance;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH. FLORIDA, that the Legislature
of the State of Florida be, and it is hereby formally requested
to enact, at the earliest possible time, suitable legislation
amending the existing landlord tenant law so as to provide
that in suits brought by landlords for the recovery of possession
of apartment and residential property in which the basis of
the recovery of possession is solely the non-payment of rent,
that tenants may lawfully set up, by way of equitable defense
or claim, either by way of recoupment, or set off in an amount
equal to the rent claim, in the event of any failure or default
on the part of the landlord to perform the covenants and
conditions of the lease agreement pertaining to the suitability
and habitability of the premises demised.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, that copies of this resolution
be transmitted to each member of the Dade County delegation
to the Legislature of the State of Florida.
PASSED and ADOPTED this 7th day of July , 1971.
\\L tom'
IPayor
Attest :
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City Clerk-Finance Director
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139