On this page, we have compiled a list of common questions asked by tenants involved in Repair disputes with their landlords. For a complete list of statutes visit the Florida Residential Landlord Tenant Act.
Responsibilities and Obligations
Who is responsible for repairs, me or the landlord?
The responsibility for repairs in a rental home is governed by Fla. Stat. s. 83.51(1). In general, the landlord is responsible for repairs in all rental homes. However, there is an exception for single-family homes and duplexes. In these cases, the landlord is responsible for repairs, unless the responsibility has been contractually assigned to the tenant. Determining the specific responsibilities can depend on the tenant's circumstances and the terms of the lease agreement. It is advisable to seek guidance from an attorney to understand your rights and obligations in this regard.
Why is my landlord unwilling to complete the requested repairs?
There could be various reasons why your landlord is hesitant to address the necessary repairs. In some cases, landlords may only take action when tenants assert their legal rights. Additionally, financial considerations might come into play. The repair could be too costly, or the landlord may not see it as a wise investment, especially if they are facing potential foreclosure. It's also possible that the landlord is not legally obligated to carry out the requested repairs.
How long does the landlord have to respond to repair requests?
According to Fla. Stat. s. 83.56(1), landlords have a period of 7 days to rectify any non-compliance issues in response to repair requests made by the tenant. If the landlord fails to address and resolve the issues within this timeframe, the tenant may proceed with the process of terminating the lease as outlined by the statute. It is important to consult with a legal professional to ensure you follow the proper procedures and understand your rights in this situation.
Tenant's Next Steps
What legal remedies do I have if the landlord refuses to make repairs?
The most effective legal remedy available under Fla. Stat. s. 83.56(1) allows the tenant to terminate the lease and move out of the property. In addition, this remedy entitles the tenant to a partial rent refund. It is highly recommended to pursue this remedy as it protects your rights. It's important to note that failing to exercise this remedy within the provisions of Fla. Stat. s. 83.56(5) may result in the waiver of your claim regarding the landlord's failure to make the necessary repairs. Seeking guidance from a legal professional can help ensure you understand and navigate these remedies appropriately.
Can I withhold rent if the landlord fails to make necessary repairs? If yes, is a written notice required?
Yes, you have the right to withhold rent under Fla. Stat. s. 83.56(1) and (5) if the landlord fails to make necessary repairs. It is crucial to note that providing a written notice is not only recommended but also legally required in order to properly exercise this right. Failure to provide a written notice may result in the waiver of your claim regarding the landlord's failure to make the repairs. The written notice serves as documentation, informing the landlord about the issues and giving them an opportunity to address the repairs within a reasonable timeframe. It is advisable to consult with legal professionals to ensure you understand the proper procedure and fulfill all necessary requirements when withholding rent. For more detailed information on this topic, you can refer to the article we have written here: Put Your Landlord On Notice For Failure To Make Repairs
Should I document and keep records of repair requests?
Absolutely. It is crucial to document and maintain records of all repair requests, even if you submit them through the landlord's portal. In some cases, landlords may revoke a tenant's access to the portal once a dispute arises. Therefore, it is important to print off or save electronic copies of each request made through the portal. These records will serve as evidence of your attempts to communicate the repair needs and can be valuable documentation in case of a dispute. By keeping thorough records, you can better protect your rights and provide the necessary evidence to support your case.
Can I hire a contractor to make repairs and deduct the cost from my rent?
While this practice was permitted in Florida under previous laws, it is no longer the case. The current law does not allow tenants to hire a contractor for repairs and deduct the cost from their rent unless explicitly provided for in the lease agreement. If you have reached an agreement with your landlord regarding this arrangement, it is strongly recommended to obtain the agreement in writing before proceeding and spending your own money on repairs. It is always advisable to consult with legal professionals to fully understand your rights and responsibilities concerning repairs and rental payments in your specific situation. They can provide guidance tailored to your circumstances and help ensure you are in compliance with the applicable laws.
What should I do if I want the landlord to carry out the repairs, but they are not taking any action?
If the repairs are not being addressed by the landlord, and you choose to continue residing in the property, it's important to be aware that under Florida law, you may unintentionally waive your rights to file a complaint about the unaddressed repairs, take legal action against the landlord regarding the issue, or request a refund of rent. It's advisable to seek legal guidance to explore alternative options and understand the potential consequences before making a decision.
What should I do if I want the landlord to carry out the repairs, but they are not taking any action?
It is crucial to understand that if the repairs remain unresolved and you choose to continue residing in the property without taking further action, it is highly likely that, according to Florida law, you may unintentionally waive your rights to file a complaint about the unaddressed repairs, pursue legal action against the landlord for their failure to make the repairs or seek a refund of rent. To protect your rights and explore potential remedies, it is advisable to seek legal guidance promptly.
Lease Termination, Negotiations, & Compensation
Can I break my lease if the landlord consistently fails to address repair issues?
Yes, assuming your landlord is responsible for making the repairs, you have the right to break your lease if the landlord consistently fails to address repair issues. This right is addressed in Fla. Stat. s. 83.56(1). Breaking a lease due to unaddressed repair issues is a significant step, and it is advisable to review the specific provisions of the statute and seek legal guidance to understand the requirements and procedures involved. We have also written an article on this topic that can provide you with further information: So, the Landlord Hasn't Cured the Rental Property's Defects. What's Next?
What should I do if I decide to move out instead?
It's understandable that you may consider moving out in such circumstances, and you're not alone in this decision. If you choose to move, we can work together to develop a strategy that discourages the landlord from completing the repairs promptly, reducing the chances of the landlord charging you termination fees, seeking contact damages, or sending you to collections. This approach can help you terminate the lease more smoothly and protect you from potential financial repercussions.
If I decide to terminate my lease and move out, will I be required to pay a termination fee to the landlord?
If you have the legal right to terminate the lease due to the landlord's failure to make necessary repairs, you should not be held liable for a termination fee. In such cases, my clients typically pursue and successfully obtain a partial rent refund as compensation for the unresolved repair issue.
If during the repairs I was not able to reside in the dwelling, can I request compensation for the inconvenience during repairs?
You have the right to request compensation for the inconvenience caused by being unable to reside in the dwelling during repairs. However, whether you are entitled to such compensation under the law depends on various factors. While we commonly argue that tenants are entitled to consequential damages under common law, it's important to note that some courts may limit compensation to a partial rent refund as outlined in Fla. Stat. s. 83.56(1). We believe and argue that tenants are entitled to both forms of compensation. To understand the specific rights and remedies available in your situation, it is recommended to consult with legal professionals who can provide guidance based on the details of your case.
Questions Related to Our Processes & Representation
How long does the process typically take?
After conducting the necessary interview and gathering relevant documents, we can generally prepare the notice(s) related to your case within 3-4 days. Following that, the landlord will be given a period of 7-12 full days to respond. Once this waiting period is over and you provide us with your move-out date, it typically takes us around 1 day to prepare your termination notice. Please note that these timeframes are estimates and may vary depending on the specifics of your case.
Contact Us Today
Still have questions? Contact The Law Offices of Debi V. Rumph online or by calling (407) 294-9959 to discuss your circumstances and see how we can assist you.
