Legal Question in Landlord & Tenant Law in Florida

I rent a house in sarasota fl. and I am in the second year of my lease. I have been having trouble with my water for the passed 6 months, and even the pump has gone bad. The well is only about 60 feet down and the water is brown. I have had the water tested by the florida water department and the water is not fit to use for anything. This has been going on for weeks,and even my clothes are ruined. My question, is ther a way to get out of my lease or do I have to live with this problem ?

thank you in advance


Asked on 10/14/09, 10:13 pm

1 Answer from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

Check the local building codes regarding potable water. Your landlord is probably require to supply it to you. Notify the landlord under Fla.Stat. 83.51 that the premises is uninhabitable and provide a date for you to leave (probably immediately). You should meet with an attorney to discuss you other options. Also, see 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.

...

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

...

(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant�s family, or other person on the premises with the tenant�s consent.

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Answered on 10/15/09, 2:33 pm


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