Legal Question in Landlord & Tenant Law in Florida
I'm currently renting a house and the bake part of the oven went out. I contacted my land lord about two weeks beofe Thanksgiving to let him know that it was broken and I needed it fixed. He told me he was out of towm and wouldn't be back untill after the 1st, and there was nothign he could do for me. So I waited. after the first I called him again to inquire about the oven and when he would return but got no answer. I left messages for him to call back but no reply. Being that I had family coming in town and I have a family at home to feed and have be without an ove for almost a month, I needed the oven fix ASAP. So I called around and got a few quotes to have the oven fixed. The cheapest I found was asking $150.00. Being that I wasn't getting a responce form my landlord, I took it apon myself to have the oven fixed. 3 weeks later I get a call from my landlord asking me what it was again that needed to be fixed. I explained the situation and let him know I would send the reciept to him with the next months rent. He then told me he's not responcible for any minor fixes under 50.00 and that the element is under 50.00 so I have to eat the costs even though he was not avalible for the fix or reference to help get it fixed. He then told me he has an applience guy that he works with to fix these type of things. I asked him why didnt he call himm or have someone else come out to look at the oven. He claimed he was stranded on the side of the road and didnt have a cell phone for three weeks. Now I stuck paying for it and cant deduct it from my rent. Can he do that? Am I responcible for paying for and fixing the oven if he was not avalible nor did he bother to send or have someone sent out to look at my oven. Please advise what I can do so I dont havee to eat the cost of this oven fix. Thanks!
2 Answers from Attorneys
Your landlord will be eating crow, if you take him to small claims court and tell the judge that you waited 3 weeks to get your oven repaired. Be ready to show proof of your phone calls/letters to the landlord. Hopefully, you used a cell phone that shows every phone call to and from the landlord. Small claims will provide you with the forms and instructions to fill them out.
Alot of this will depend on what your lease states. IF there is no provision for the repair of appliances, you may have a case in point with the court. Yes, it was during the holidays and was an inconvenience, but your stove worked otherwise. I suggest you ask your landlord to compromise with you for half. If he is unreasonable then by all means file with Small Claims.
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