Legal Question in Landlord & Tenant Law in Florida

The contract reads (grammer as is on the contract)

- Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises, unless otherwise stated below.

Tenant is responsible for inside condo apt, maintaining and cleaning, appliances and fixtures, furniture and floors when necessary . minor plumbing and appliance repairs are tenants responsibility in the event it is an amount higher than $100. landlord will repair or replace the appliance or fixture at his expense . tenant is responsible for all damage to walls, floors, appliances, not already noted and reported at the time of occupancy, additionally condo property if damaged by the tenant.

THE DAY AFTER I MOVED IN THE SINK STARTED LEAKING AND THE CEILING FAN STOPPED WORKING WHILE I WAS SLEEPING. I DID NOTHING TO MAKE THESE THINGS OCCUR.

The landlord said i have to pay for repairs because he thinks i broke them. And that if anything does break I have to pay 100.00, then he pays the rest. I dont believe that is how the contract reads. I believe it reads, if it is over 100 he will pay the full thing...

As it reads, who is right?


Asked on 8/19/09, 5:15 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I agree the contract could be read either way -- either you pay the first $100, or if the amount exceeds $100 the LL will pay the entire amount. You would have to get a judge to decide.

I can tell you from my previous experience that a good lease usually is clear on this point -- the tenant agrees to pay the first $X of certain minor repairs. I personally had that clause stricken from my last lease because I did not agree with it. The LL's explanation was that they didn't want me calling them to replace lightbulbs and other such minor repairs. However, I just didn't think it was fair to have that clause in the lease, I argued and promised them I would fix such minor things myself, and we crossed it out and initialled it on the lease before signing. I tell you this so 1) you will know how it "usually" works, and 2) you will read and disagree/challenge objectionable/ambiguous terms next time before you sign a lease or other document.

Again, I agree with you that the lease is ambiguous. You will have to either work out something agreeable with the landlord or take the matter to court.

Best of luck.

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Answered on 8/20/09, 1:36 pm


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