Legal Question in Landlord & Tenant Law in Florida

I am a tenant. Our electrical breakers keep tripping and burning up items that are run by electric. We approached our landlord and she had the power company send out an electrician that is contracted with them. All he did was check to see if the outlets were working and they are, however he did state that when winter comes and we use space heaters, the breakers will not hold them all. We are afraid that we will lose more of our electronics to overheating. The landlord said that the capacity is adequate and we must be excessive in our use of electric. I told her that I would like to have another electrician come and inspect and she said I am not allowed to do this without requesting it in writing. What are our rights as far as having a second opinion, withholding rent and leaving lease early? Thanks so much for your time!


Asked on 8/02/11, 3:15 pm

1 Answer from Attorneys
Garry Potts Garry L. Potts, P.A.

The answer to your question would depend upon the terms of your lease. You should consult with an attorney about your rights and responsibilities under the lease. Many attorneys will do a lease review and consultation with you for a small fee. In general, under Florida's Landlord Tenant law, Section 83.56 (1), F.S., allow you to withhold rent if your landlord fails to do what the law or rental agreement requires. Under the law, the landlord must comply with all applicable building codes. You must however, announce your intentions in writing by mail, preferably certified, at least seven days before the rent is due to allow time for the landlord to remedy the problem.

If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry, pending the judge's determination in the case.

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Answered on 8/02/11, 4:22 pm


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