Legal Question in Real Estate Law in Florida
Tenant VS Landlord
Simple question...We are renting a house that has a very large tree in the front yard that has branches that cover the driveway. The tree has very large cones that weight about 10lbs. each. When these ''cones'' drop from the branches, they are very destructive. We have had a windshield replaced already and recently one dropped on the hood and dented it severly. We contacted the landlord and his reaction was to hang up and not return any further calls. We are considering withholding next month's rent until he removes the branches covering the driveway or pays the estimate to fix the dent. Who is liable for the damage???
1 Answer from Attorneys
Re: Tenant VS Landlord
A property owner is responsible for the condition of the property and the damages that the condition of the property may cause to others. Just the same, now knowing that the pine cones damage your car, you must mitigate your damages by not parking your car underneath the tree.
In Florida, if you are considering withholding rent, you must send a statutory notice to the landlord requesting a repair with specific advice that you will be withholding rent until the condition is cured.
If you should have any additional questions, please do not hesitate to contact me at 305-373-5313.
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