Legal Question in Landlord & Tenant Law in Florida

I have given my landlord a 7 day notice to cure on several items that need to be repaired. They have fixed some of them. The major repair that I need to have done is the flooring. It is warped in several places in both the kitchen and living room.

I don't know how they can fix it with the furnishings that I have in the living room.

The repair man came out to look at it and then was going to return to the office.

It is 7 days today. They told me I could not get out of my lease. I read something about their being a new law which is 5 days to cure. Can I break my lease?

Another question, my rent is $657. On the monthly bill is is listed $612 and $45for cable. Cable is paid by the apartment people. How can they do it like this?

I really need help. Thanks


Asked on 9/10/09, 10:10 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I would like to refer you to a very helpful handbook on FL landlord tenant law which is located at http://www.800helpfla.com/landlord_text.html.

Florida Statutes Section 83.56 (1)

You may be able to withhold rent if your landlord fails to do what the law or rental agreement requires. You must however, announce your intentions in WRITING by mail, preferably certified, at least SEVEN DAYS before the rent is due to allow time to remedy the problem.

If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry, pending the judge's determination in the case.

Florida Statutes Section 83.51(1)(a)(b)

The landlord must comply with the requirements of applicable building, housing and health codes; or

Where there are no applicable building, housing or health codes; maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads.

I'm not sure if the warped floor would be considered disrepair or perhaps just the result of normal wear and tear and still in good repair. If you want the floor repaired, you will have to make arrangements to clear the furnishings off the floor.

The terms of payment of the rent (and the amount, including any utilities or other charges) are dictated by the lease. If the lease says cable is included, and the amount adds up to your total agreed rent, there is not a problem.

Good luck to you.

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Answered on 9/10/09, 12:39 pm


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