Legal Question in Landlord & Tenant Law in Florida

Tenants Rights

I am in a lease which the A/C has not been working for one month as of today, I have contacted the code enforcement they are allowing them to comply by 10/10/07 What are my rights to suspend the lease


Asked on 8/17/07, 11:56 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Tenants Rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Chapter 83 which deals with residential and commercial tenancies does not mention the failure to provide a functioning air conditioner as a mandatory duty of a landlord although it does mention heat. I believe that if you gave 7 days written notice by certified mail to the landlord of the failure of the air conditioner to work, you could then withhold the rent. If suit is filed, you should immediately pay the withheld rent into the registry of the court and then let the court make a determination.

Scott R. Jay, Esq.

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Answered on 8/18/07, 4:43 pm


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