Legal Question in Real Estate Law in Florida

Re: Negligence and Landlord Responsibilty

The lease may recommend or even require renter's insurance, but I'm not certain that such insurance would cover a loss resulting from the landlord's failure to maintain the roof or plumbing pipes. It probably does not cover it. Read the lease to determine whether it contains a provision allowing you to deduct or set-off expenses incurred as a result of the landlord's breach of the lease. If the landlord wants to fight, and your damages justify the expense associated with fighting the fight, seek the advice of counsel. Good luck.

Re: Negligence and Landlord Responsibilty

The judge will determine who is right. Better to read your lease and try to resolve the matter. Else seek counsel.

Re: Negligence and Landlord Responsibilty

Your landlord could be held responsible if you are able to prove he had prior actual notice of the leak, a reasonable time to repair it and failed to do so.

Re: Negligence and Landlord Responsibilty

In the landmark case of Mansur v. Eubanks, the Florida Supreme Court reversed its previous position in Brooks v. Peters and ruled that the landlord, not the tenant, is responsible for latent defects. In making the landlord responsible, the supreme court noted that the landlord, not the tenant, was in a much better position to guard against dangerous, unseen conditions.

In Mansur, a stove blew up injuring the tenant. Thus it was a question of fact for this jury whether a reasonable landlord would have inspected the stove prior to the tenant renting the dwelling.

In another case, a tenant who rented a mobile home complained to the landlord about a shower door that kept sticking. When the shower door failed to open properly, the tenant jerked it and the glass from the door broke, severely cutting the tenant's hand. The door failed to comply with the local housing code, because it was not safety glass. Since the landlord had been put on notice prior to the accident about the problems with the shower door, the Second District Court of Appeal in Florida ruled that the tenant had stated a cause of action against the landlord.

In addition, the leaky pipes may arise to a cause of action for breach of warranty of habitability. If you require the services of an attorney, do not hesitate to contact the undersigned.

Yours truly,