Legal Question in Landlord & Tenant Law in Florida

My Landlord has caused me to be without water on five different occasions during the past twenty months because he has failed to make the necessary repairs to the premises private water well but when asked he stated he had no duty to make the repairs under Florida Statute (83.67) because the interruption was only temporary. Can he do this?

Asked on 12/30/09, 10:06 am

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

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83.67 Prohibited practices.--

(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.

. . .

(6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages.

A judge would have to decide what is "temporary", and whether your LL breached his legal duty. For example, interruption for an hour when no one is home probably isn't a breach. Interruption for days, when you and your family needed water to bathe and cook, would likely be a breach.

Answered on 1/05/10, 6:26 am

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