Legal Question in Real Estate Law in Florida

Rental Property not ready for occupancy

we rented a home with the intention that all ammenities will be functional and that the home will be in condition to occupy.

Unfortunately the Management company and the home owner did not fix problems and yet expect us to pay full rent for the existing condition of the home.

In Florida, is there any law that states the landlord and/or property management company must submit to new occupants, a fully functional and problem free home ?

We have numerous issues and have spent our own money to fix problems. Before we send in our 2nd month rent, shouldn't these issues be resolved first ? Can we deduct the cost we have incurred against the rent ?

Thank you for your advice.

--name removed---name removed--


Asked on 2/27/01, 10:16 pm

1 Answer from Attorneys
Randall Reder Randall O. Reder, P.A.

Re: Rental Property not ready for occupancy

The landlord's obligations are spelled out in the

lease agreement and Chapter 83 of the Florida Statutes.

Basically, the statute provides the dwelling has

to meet the applicable code requirements. If the landlord

fails to comply with these requirements you need to

give him written notice specifying what the problems

are and that you intend to terminate the lease if

they are not fixed within 7 days. If they are not

fixed, then you can terminate the lease and leave.

If you stay, then you can reduce the amount of rent

by an amount in proportion to the loss of rental

value caused by the noncompliance. I suggest

you make an appointment with a knowledgeable attorney

as there are many other factors that should be

considered, including the practical effects of litigating

these issues.

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Answered on 4/30/01, 8:10 am


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