Legal Question in Real Estate Law in Florida
Landlord refuses to replace air conditioner
Our landlord was notified in person about 2 1/2 months ago that our air conditioner was not functioning properly. It blew air, but wasn't cold. They promptly sent out one of their contractors who proceeded to remove the a/c, take it downstairs and hose it off. He put it back in the window and left. When I came home that night, I turned it on and nothing happened. It just made a humming noise. I called them and told them. They said they would send someone out. No one has showed up. I have called them every few days since and have gotten different answers. At first they said that they had it on order and it should be in on ''Friday'' which turned into ''Monday'' which turned into the next Friday and so on. Then they said there was a problem with the distributor (Home Depot). I then asked if I could go to Home Depot and purchase a unit myself- then deduct the amount from my rent. They said I was welcome to purchase my own a/c, but they would not reimburse me. I called back a week later and was told very rudely that they did not have authorization from their corporate office to purchase a/c's for any of the tenants. They said ''Sorry, i don't know what to tell you.'' What can I Do??????
1 Answer from Attorneys
Re: Landlord refuses to replace air conditioner
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.
What does the written lease agrement between the parties say about repairs to the air conditioner? Is the landlord responsibile therein to maintain the unit? If so, and it has not, it may be a violation of the lease.
Unfortunately, a functioning air conditioner is not mentioned as a requirement of a landlord under Florida law although I believe most judges would rule otherwise. I would suggest that you send a letter by certified mail (citing Florida Statute) demanding that the air conditioner be repaired within 7 days or you will pay rent into the registry of the court.
Scott R. Jay, Esq.
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