Legal Question in Landlord & Tenant Law in Florida
I live in an apartment. My heat is broken and I have made an attempt to have my heat fixed but it has yet to be done. Do I have the right to ask that my rent be lowered this month?
2 Answers from Attorneys
You can certainly ask for a rent reduction. It is the LL's obligation under FL law to maintain the heating system in working order. You may withhold all the rent until the heat is fixed if you give the LL 7 days written notice before the rent is due, telling him the problem and your intention to withhold rent until he fixes the heat.
The landlord does have a duty to provide you heat. Provide your request for service in writing (use certified mail if possible) and send the request at least 7 days before rent is due. If the landlord does not correct the problem within the seven days and you withhold the rent, the landlord may take you to court to collect it. Then you must pay the rent into the court registry, until the judge hears and makes a judgment on your case. There is helpful information as well as links to the corresponding Florida Statutes at: http://www.800helpfla.com/landlord_text.html. Regards,