Legal Question in Real Estate Law in Florida

What's liveable conditions.

Situation: Landlord replumbing entire building. Piping exposed in walls of bathrooms for week; no sinks; shower sans faucet; can't mix hot & cold water; subsequently very uncomfortable environment.

Questions: When is apartment considered "wholly untenantable", in accordance with 83.201? Can I contract the remaining work myself to expedite the process? Proceed with letter of "good faith"? How do I avoid this situation?

A. If the health department condemns your unit, then it is "wholly untenantable." Give them a call and have them check the units. Also check with the building department as to the construction. Call Code Enforcement to have them check the units. Be advised that the government agents might also make you move if conditions are too bad.

You must give a seven day notice to your landlord and follow the statute.

You could certainly agree with your landlord to pay any extra charges to have the work done quickly, but the landlord would still have to approve the work and price.

I don't know what you mean by "letter of good faith" so can't address that.

You could get a Real Estate agent who specializes in Apt. Rentals to give you an opinion as to the reduced value of your unit while in a state of repair. Then you send the seven day letter and advise you are going to reduce the rent by the amount the RE Agent said it was reduced in value.

Also be aware that your landlord doesn't have to renew your lease.

Re:

What renders an apartment "wholly untenatable"

depends on all the facts and circumstances of

each particular case. The answer can only be

provided by the judge or jury after a hearing.

Note that before you can even raise this defense

or withhold payment, you need to provide written

notice. There are other issues you need to be aware

of. I strongly suggest you seek the advice of

an attorney in your area before taking any action

or doing anything that might be considered a

breach of the lease agreement.