Legal Question in Landlord & Tenant Law in Florida

I would like to know what this scenario looks like from the

perspective of an attorney experienced with similar matters

and what he/she believes my options/rights may be:

Thank you in advance for your time...

I was renting a mobile home from a private owner in a respectable

community in Florida. The owner of this particular mobile home

resides in Pennsylvania.

The original agreement, signed by both of us, was that I would pay

$500 per month on a month-to-month basis, with the necessity to

provide a $500 security deposit to her. She received a total of

$1000 from me, taking care of the deposit and first month's rent.

After two days of living in the mobile home, the central air

conditioning unit broke down. After being assessed by a professional,

it was determined that a new unit was needed. The owner did not want

to pay the price offered, so she shopped for a used unit, leaving me

in the home for a period of nine (9) days with no air conditioning

in the unit, resulting in daily indoor temperatures that averaged

105-110 degree during that time. She seemed to have no special

regard for the effects this had on me physically.

After this time, a used unit was installed. Following this long

episode, we negotiated a reduction in the rent of $100 per month as

compensation, which would apply to each month, including the first

month (for which I had already paid $500 for). I have a document

signed by both of us that spells out $300 for the following month

along with email correspondence stating that this $300 reflected

the $100 compensation coming to me.

Within a few days, I informed the owner that there was a plumbing

problem in the bathroom,explaining the problem in detail. She

offered no desire to invest to repair the situation. In an

effort to "keep the peace," I bought the parts and invested hours

of my own time to repair the situation.

A number of days later, the water heater broke down, to the point

of water gushing out uncontrollably. Naturally, the water main valve

to the home needed to be turned off, as the water was being paid for

by the park. I informed the owner. After being without water for a

couple of days, the owner informed me that she was not going to repair

it and that I would need to move out, leaving me with no place to live,

which was rather abrupt.

All of the problems above transpired within a period of about 22 days.

I was left with no place to live at that time, since my mind had been

set on allowing her the time necessary to fix the situation.

After realizing that this situation was over, based on her refusal to

repair, I moved out... I was left with six (6) days of the month for which

I had paid for that the house could not be lived in (I had actually slept

there for two nights while hoping matter would be resolved). So, considering

that the rent for the month had been reduced to $400 and considering that

six (6) days without being able to live in the unit amounted to $80 (based

on the $400/month), I asked for my deposit plus the $180 back, a total

of $680. She finally (after hesitating) agreed to send the deposit of $500.

That is yet to arrive, well beyond the 15 days required by Florida Statute.

The agreement that she used mentioned 30 days was allowed . Which would hold

up in court - the words in the agreement of the Florida Statute? She then

stated that she doesn't have the funds to return the $180 right now

so I should do what I have to do (in terms of legal action). She never

offered to pay by a certain day, an option which I presented her.

1 Answer from Attorneys

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