Legal Question in Business Law in Florida

Re: Landlord-tenant

Neither common law nor statutes impose a duty of repair on a nonresidential Landlord (hereafter �L�. see � 83.001 et seq., Fla. Stat. Absent a contrary agreement, L has no duty to repair the leased premises or to maintain it in its original condition Handelsman v. Florida Nat'l Bank, 479 So. 2d 220 (Fla. 4th DCA 1985) Under common law, a nonresidential L gives no implied warranty that the leased premises are inhabitable, fit, or otherwise suitable for the tenant's use. If L expressly agrees to repair the premises, the courts will hold the L liable for failure to perform that obligation.

If L fails to make repairs under the lease and the premises become uninhabitable, the tenant may choose to do any of the following: (1) Abandon the premises without liability for further rent [ Franchi v. Dominic, 612 So. 2d 687, 688 (Fla. 2d DCA 1993); (2) Notify the L of the default and, if the L fails to cure within the notice period, make the necessary repairs and deduct the expense from the rent [ Masser v. London Operating Co., 106 Fla. 474, 145 So. 79, 84 (1932) ]. (3) Leave the premises unrepaired and sue the L for damages sustained because of the L�s failure to repair [see Masser v. London Operating Co., 106 Fla. 474, 145 So. 79, 84 (1932).

If the lease expressly requires the L to repair and maintain the premises but does not specify the procedure to be followed to effect repair or maintenance, the tenant may withhold rent after notice to the L if the L�s failure to repair has rendered the leased premises wholly untenantable [ � 83.201, Fla. Stat. ]. The tenant must serve the L with a written notice that informs the L that the premises are wholly untenantable, gives the L at least 20 days to make the specifically described repair or maintenance, and states that the tenant will withhold the rent for the next rental period and thereafter until the L performs the required repair or maintenance [ � 83.201, Fla. Stat. ]. Once the L completes the repair or maintenance, the tenant must pay the L the withheld rent. If the L does not complete the repair or maintenance within the specified time period, the parties may extend the time by written agreement. Alternatively, the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease [ � 83.201, Fla. Stat. ]. This remedy is cumulative to other remedies available to the tenant [ � 83.201, Fla. Stat. ]. If the premises remain inhabitable despite the L�s failure to repair damage, the breach neither justifies the tenant's abandonment of the premises nor relieves the tenant from liability for payment of rent. The mere fact that the premises are unfit for the tenant's intended business use does not alone constitute an eviction of the tenant, justify the tenant's abandonment of the premises, or give rise to an absolute defense for the tenant's breach of the lease.

Good Luck

Randall Gilbert

Re: Landlord-tenant

The law-guru only allows to put in 3000 charachters so much was left out. However, You should review your lease to determine what it says regarding notice provisions and who is responsible for what repairs. Those terms will be controlling. You should also review the statutes cited in my last response to you.

Good luck,

Randall Gilbert