Legal Question in Real Estate Law in Florida
Telephone inside wiring repair responsibility
My friends phone in his apartment just quit working, (all jacks). I tested the line (voltage readings) and had phone company test line. Phone company stated line is good to demarc box (cross-connects) and I read a short on the line (not good) on the apartment side. Apartment complex states that my friend must hire and pay a technician to repair inside wiring, isn't that the responsibility of the landlord, to provide at least one operational phone jack to apartment? Phone company is responsible up to box, from there it is part of the real property of the complex. If a power outlet goes bad the landlord must repair it!, whats the difference with a phone jack/wiring? Please let me know. I think landlord is attempting to get over on tenant because the tenant is Korean and not familiar with laws. He is my wifes pastor. Neither he nor I can afford to hire a lawyer. As far as I have ever understood, the landlord is responsible for all repairs to maintain habitability, providing there is no negligence on the part of the tenant, (damage). Please help.
2 Answers from Attorneys
Re: Telephone inside wiring repair responsibility
You will need to refer to the contract signed by the tenant and the landlord.
Is phone availability implied in a Lease? NO.
FACTS: Phones in apt. quit working,all jacks; tested line voltage and phone co. tested line. Phone co. says line good to demarc box (cross-connects.) Short on the line (bad) on the apt. side. Complex says must pay technician to repair inside wiring. Phone company is responsible up to box, from there it is part of the real property of the complex. If a power outlet goes bad the landlord must repair it!
Q. Isn't it the responsibility of the landlord to provide at least one operational phone jack to apartments? [No] What's the difference between electrical and phone jack/wiring? [One involves being able to live in the apt.] Is landlord responsible for all repairs to maintain habitability, if there is no negligence on the part of the tenant, (damage)? [Maybe. Depends on lease and what is damaged.]
A. A lease can modify who is responsible for repairs in a rental. If there is no agreement, then Fla. law controls. See, F.S. 83.51
Generally, habitability does not include a phone. Lots of people live without phones.
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