Legal Question in Landlord & Tenant Law in Florida

My question is also about an unit becoming "wholly untenable". Would lack of heat & a/c operating for 3-4 months, be considered in this category? The property manager failed to complete the repairs in a timely manner, causing me to endure sweltering Miami heat, as well as an on-brush of cool nights during the fall. I had to provide my I own heater as well as a fan for comfort. The contract stated that its maintenance, was the responsibility of the landlord. If it's not considered as "wholly untenantable", (when you are residing between two floors), then, what do you call it, and is there any FL statutes favoring the tenants right, and what is the legal jargon for this infraction on the part of the landlord or property manager, called?

Sorry to appear wordy, but can't the tenant withhold rent per F.S. 83.201, and be privy to all of the other rights granted?

Thank you for responding,

L F

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Asked on 1/25/17, 2:01 pm

1 Answer from Attorneys
DMD PA DMD Law, PA

In Florida, a landlord or management company can only rent an apartment that is fit to be lived in and keep it that way throughout the term of the lease. It must have working plumbing, hot water, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. However, not having air conditioning is not considered "wholly untenable". However, without seeing your lease, it is hard to say exactly what the management or landlord is required to do. Also, you cannot withhold your rent unless you first give a seven days' written notice to fix the problem, and the notice must be written exactly in accordance with Florida statutes. You should seek legal advice.

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Answered on 1/25/17, 3:39 pm


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