Legal Question in Landlord & Tenant Law in Florida

My apartment was broking into on 12/14/09. The sliding glass door was smashed. I got a police report. The apartment complex came and boarded it up. I'm in Orlando, FL. which is usually not that cold. As U no it has been very cold here. Today is 1/20/2010 and, nothing has been fixed. All I want to know is can I get the apartment complex help me pay for some of my electric bill which will be sky high? The air just keep blowing in. It is still cold inside my apartment.


Asked on 1/20/10, 11:44 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

write them a letter to cure.(certify mail return receipt requested) Tell them you will withhold the rent until they do. If they serve you with eviction, deposit the rent in the clerks ofifce depository until the hearing and let the judge decide.

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Answered on 1/25/10, 11:52 am
Brent Rose The Orsini & Rose Law Firm

As of this writing, January 25, weather.com says its 70� in Orlando. I assume the cold weather is probably passed for the winter, but I suppose you never know. Ms. Becude's answer is an interesting one, but since Florida law doesn't allow you to withhold rent, it's an answer that's liable to get you evicted, or, in the least, to cost you some late fees. Florida law does require that the landlord provide you with heat, but it doesn't require that the landlord provide you with heat at a low cost. Nor does Florida law to require that the landlord ensure you against break-ins in most circumstances. Unfortunately, you're stuck with the heating bill. I strongly advise against withholding rent.

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Answered on 1/25/10, 12:44 pm
Lesly Longa Longa Law P.A.

Yikes! Send them a letter requesting the repair by certified mail, return receipt requested. The landlord is responsible for maintaining the premises, including doors and windows. If the landlord does not make repairs within seven days, you can take him to court for the damages (include extra money for higher heating bill). If you withhold rent for failure to make the repairs, you may be sued for eviction. Let him sue you for eviction, but be sure to file your answer, and go to court to see what the judge thinks about his failure to make repairs. Bring documentation to prove it and to prove higher bills. Regards,

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Answered on 2/04/10, 11:52 am


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