Legal Question in Real Estate Law in Florida

What can I do to make my apt manager fix the heater in my apt.

My heater went out last week before Christmas. The apt maintenance person told me that the new outside unit they had ordered was the wrong one and they would have to try to get another one. The inside heating unit is blowing warm air some of the time and cold air at other times. I really can not find any consistent pattern, except that if I put the thermostat at least 10 degrees higher than the thermometer it will blow warm air. A friend told me that it could be the thermostat. Who knows? Meanwhile, I went to Sears and bought two electric blankets so that my daughter and myself could sleep at night. Can I take the cost of the blankets off of my rent Jan 1st? Can I call a heating company to come fix this and give the bill to the apt manager? What are my rights? I also have two chihuahuas, so going to someone else's house would be a problem.


Asked on 12/31/00, 4:17 pm

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: What can I do to make my apt manager fix the heater in my apt.

When a landlord does not provide the services required by law, including heat, the tenant must write a letter describing the problem and giving 7 days to cure. If the situtation is not cured following the 7 day period the tenant has the right to terminate the lease, or withhold rent, depending on which option is stated in the 7 day letter. The letter must specifically state that if the problem is not fixed in 7 days the tenants will withhold rent or terminate the lease.

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Answered on 1/04/01, 8:38 am


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