Legal Question in Real Estate Law in Florida

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.