Legal Question in Real Estate Law in Florida
Heat required?
My husband and I are currently 3 months into a six month lease. We have 3 children, ages 19 mos, 3, and 4. The weather has now gotten extremely cold and we have found that we have no heat. We told the landlord about it 2 weeks ago, and now they are saying it's not wired for heat. If we try to plug in any space heaters, it blows the circuits. I thought landlords were required to provide heat. Also, they promised us to provide the hookups and wiring for our washer and dryer the week we moved in. Three months later, we still do not have it. Yet, at 7:00 in the morning on January 2nd, they call us to tell us our rent was due yesterday. What can we do?
1 Answer from Attorneys
Re: Heat required?
If the premises are uninhabitable, then you may have a basis to file a claim against the landlord. Electricity and heat are basic items. You can seek relief from the county court and request that you be allowed to deposit the rent into the registry of the court pending the outcome of the case. There are set-offs you might be able to claim and you may also have an entitlement to recover from the landlord any costs or fees you may incur in connection with filing a claim with the court. If you cannot afford a lawyer, contact Legal Services of Greater Miami (or in whatever city you are located) or a program known as Put Something Back, and they may be able to refer you to a lawyer who can handle the matter at no charge (a.k.a. pro bono). Seek the advice of counsel and good luck.
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