Legal Question in Real Estate Law in Florida

Re: Statute of limitations

The statute of limitations upon a contract in Florida is 5 years from the date of the last breach.

Re: Statute of limitations

Section 95.11(2)(b), Florida Statutes, allows a legal or equitable action on a contract or liability founded on a written instrument to be made or filed within five (5) years from the date the cause of action begins to accrue. Section 83.51 of the Florida Statutes governs a landlord's obligation to maintain the premises. I recommend you read it. You can access the Florida Statutes on the internet on virtually every search engine.

If you are currently residing in a rental unit under a written agreement (lease), and the landlord is breaching the lease by making the unit uninhabitable or failing to maintain the unit (e.g., fix the AC) as required under the terms of the lease, then you have the option of filing an action against the landlord for breach of the lease. The lease may also provide you with additional pre-suit remedies like applying a set-off to the rental payment equal to the cost of fixing the AC. If you file suit, you may file a motion/request with the court to deposit the rent into the registry of the court pending the outsome of the case, that way the landlord cannot credibly argue or claim that you are simply trying not to pay rent.

Part II of Chapter 83 of the Florida Statutes deals with Residential Tenancies. Generally, the courts give residential tenants the benefit of the doubt and will protect tenants if the evidence demonstrates that the landlord is failing to abide by his/her/its obligations under the lease and/or Florida Statutes. Good luck.