Legal Question in Landlord & Tenant Law in Florida

I have a rent a townhouse in Altamonte Springs, FL. In my lease the landlord put in a clause that states we are responsible for any water damage. During our time there the landlord had his Maintenance guy come by & installed a new tolet. Now the tolet has caused a leak, because the tolet wasn't properly secured. Also I was told by the maintenance guy that this has been a ongoing problem even before we moved in. So my question is would me & my roomates be responsible for any of the repairs, because of what is stated on the lease? Or is it the responsibility of the landlord?


Asked on 8/24/09, 3:25 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

From what you have stated, no, you are not responsible. The landlord is obligated to maintain the plumbing under F.S. 83.51. A lease term which states otherwise is unenforceable. F.S. 83.45. As a matter of contract law, it is your LL who has a cause of action against the maintenance guy for failing to properly secure the toilet and any damage which followed. If the LL sues you for the damage, you should implead (bring into the lawsuit) the maintenance guy.

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Answered on 8/25/09, 8:58 am


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