Legal Question in Landlord & Tenant Law in Florida

i have been living in a duplex for about a year now and the landlord refuses to make the repairs needed. the ice box doesnt work , nor does the toilets, the air/heat, the sinks have non stop leaks the bathroom wall leaks to the room next to it on the carpet. the dishwasher has a leak and that leak is damaging the lower counter area.. can i sue him for all the money given and no repairs was made

Asked on 3/09/10, 9:30 am

3 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

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Take a look at Florida Statutes 83.51. You can sue and probably recover attorneys' fees as well (subject to anything to the contrary you may have agreed to in writing, as noted below).

83.51 Landlord's obligation to maintain premises.--

(1) The landlord at all times during the tenancy shall:

(a) Comply with the requirements of applicable building, housing, and health codes; or

(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant.

The landlord's obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days' written notice, if necessary, for extermination pursuant to this subparagraph.

2. Locks and keys.

3. The clean and safe condition of common areas.

4. Garbage removal and outside receptacles therefor.

5. Functioning facilities for heat during winter, running water, and hot water.

Answered on 3/14/10, 9:41 am

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Lesly Longa Longa Law P.A.

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Send the request for repairs in writing by certified mail, return receipt requested. Check the statutes as noted above and there is also free information at http://www.800helpfla.com/landlord_text.html.

Answered on 3/14/10, 9:54 am

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