Legal Question in Real Estate Law in Florida
unsafe living conditions
my daughter lives in an apartment and, per her lease, she is responsible for electric only. yesterday (thursday), the water company came and gave her a shut off notice for the water (effective at 4:45 today, friday). the notice is inclusive of 5 apartments in the same complex, not just her apartment. would she be within her rights to rent a motel room for the weekend if the water is shut off as per the notice? could she take the cost out of the next months rent? or be reimbursed? she has tried to contact the manager without success.
1 Answer from Attorneys
Remedy for shutting off water
FACTS: Live in apt.; per lease, tenant responsible
for electric only; water co. gave shut off notice;
tried to contact apt. manager without success.
Q. Can tenant rent a motel room if the water is
shut off as per the notice? Can tenant take the
cost out of the next months rent or be reimbursed?
A. F.S. 83.67 deals with prohibited practices.
Sub-section one says no landlord may terminate
utilities and this includes water. If the
landlord allows this to happen, then the landlord
is responsible for actual and consequential damages
or three months' rent and atty. fees and court
costs, whichever is greater. The tenant can also
get injunctive relief and have the court order the
water reconnected. It would also constitute
grounds to terminate the lease and possibly get
damages to move and re-rent elsewhere.