Legal Question in Real Estate Law in Florida
landlord repairs
As a tenant what is our rights to get the landlord to repair the air conditioner? The lease states that any repair in excess of $45 is the responsibility of the Owner. The air contioning repair company states that the air conditioner condenser has a freon leak and the unit should be replaced. The owner was notified before we moved in on two separate occasions that the unit needed to be replaced. Freon has been added to the unit as a temporary fix but we were told by the air conditioning company that the unit will fail again because the problem is not fixed. We have attempted to contact the owner by phone and our calls go unanswered. What inside temperature does the rental have to reach before the rental is considered uninhabitable? What can we do? The owner is living in NC but is in Florida at this time. DO we send the letter to her official address? It is very hard to get ahold of the landlord for any answers. We rented the house through a Realestate agency. When I call them they say to call the landlord. But like I said it is hard to get her to reply. Thank you for your help.
1 Answer from Attorneys
Re: landlord repairs
Read the lease to learn whether it has a provision that allows to you to set-off the amount of the repairs if the repairs are not paid by the landlord. If so, repair the ac and reduce the amount of the repairs from your rental payment. Make sure you have receipts or documents that reflect what the repairs were and what you paid for them.
If your lease does not allow you to set-off such expenses from the rent, write your landlord a letter and send it certified mail, return receit requested, explaining how you have attempted to reach her/him without success, how the problems that existed prior to moving in to the home continue, how they have not been repaired despite numerous notices to the landlord, and how you will have no choice (unless the problem is fixed) but to file an action with the court and request that the rent be deposited into the court's registry until the court determines whether or not the landlord has breached the lease and how much the tenant is entitled to as a set-off as a result of that breach.
I would contact an attorney and have him/her review the lease before moving forward. Seek the advice of counsel and good luck.
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