Legal Question in Landlord & Tenant Law in Florida

I have been living in an apartment complex here in tampa florida my rent has never been late with my rent. I have been asking for things to be fixed in my apartment since february 2014 and nothing has been fixed I even sent them a certified letter letting them know that I would not pay rent until the maintenance was fixed. My fiancee stated let's just finish out the lease and leave. It is now August 2014 and my ac/unit has gone out for the 4th time and we were informed that it would be 3 to 4 days before it can be fixed it was 84 degrees in my hall and bedrooms last night. and they have a small portable unit in the front of the house which is not cooling anything I think they should put us up in a hotel until the unit is fixed what legal rights do I have at this point?


Asked on 8/18/14, 8:39 am

1 Answer from Attorneys

Aileen Gelpi Law Office of Aileen Gelpi, Esq.

Generally, the landlord doesn't have to put you up in a hotel. However, if the heat on those days would have made the apartment unliveable for any reasonable person, then you could refuse to pay that portion of the rent that is equivalent to the number of days you couldn't reasonably stay in the apartment. On the other hand, a tenant should avoid making the unilateral decision to not the pay rent because things in the apartment are run down. Unless you will be able to prove that the apartment was not liveable -- for lack of water, electricity, a/c in the summer, plumbing, flooding, and such -- you should always pay the rent or you could face an eviction. Consult your specific situation with a lawyer.

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Answered on 9/20/14, 1:28 pm


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