On August 20, 2017, a county court in Broward County found a tenant liable for damages after the air conditioning unit in her rented condo leaked on several occasions into another condo. The Court found the tenant negligent in addressing the need for repairs. Additionally, the Court held that since the tenant failed to present any evidence that the duty to repair the rental premises was invoked against the landlord, the landlord had no obligation to reimburse the tenant—even after the tenant satisfied the $3,095.09 judgment entered against her. This case is documented as Freese vs Stadtmauer, 25 Fla. L. Weekly Supp 291a (Broward County Court, 17th Judicial Circuit, August 20, 2017).

Is This Fair?

From a legal standpoint, the court's decision underscores the importance of understanding and adhering to landlord-tenant law, particularly in Florida, which places specific responsibilities on both parties. The fairness of the judgment lies in the interpretation of the tenant's obligations under the lease. If the lease required the tenant to promptly report repairs and she failed to do so, her negligence directly led to further damages.

Impact on the Tenant's Credit

A judgment against a tenant, especially one involving a significant amount like $3,095.09, can have a detrimental impact on the tenant's credit score. Such judgments are typically reported to credit bureaus and can remain on the tenant's credit report for up to seven years. This can affect the tenant's ability to secure future housing, obtain loans, or even acquire credit cards.

Was the Tenant Negligent?

The Court found the tenant negligent because she did not address the need for repairs adequately. In the context of landlord-tenant law in Florida, tenants are often required to notify landlords of any necessary repairs promptly. The failure to do so can lead to a breach of contract. In this case, the tenant's inaction resulted in repeated leaks, causing damage to another condo and ultimately leading to the judgment against her.

What Could the Tenant Have Done Differently?

1. Prompt Reporting: The tenant should have promptly informed the landlord about the air conditioning leak. Many leases explicitly state that tenants must report any issues requiring repair within a reasonable time frame. Prompt reporting allows landlords to address problems before they escalate.
2. Documenting Communication: The tenant should have documented all communications with the landlord regarding the need for repairs. This documentation could serve as evidence that the tenant fulfilled her obligations under the lease.
3. Follow-Up: If the landlord did not respond to the initial report, the tenant should have followed up in writing, possibly escalating the matter if necessary. Persistent follow-up ensures that the issue remains on the landlord's radar.

Why Landlords Might Be Upset

Landlords have a vested interest in maintaining the condition of their property. Unaddressed repairs can lead to more significant damages, increasing repair costs and potentially leading to disputes with other tenants or property owners. When tenants fail to report repairs timely:

• Increased Costs: Minor issues that could have been easily fixed can escalate into major repairs, significantly increasing costs for the landlord.
• Property Damage: Delayed repairs can lead to substantial property damage, affecting the value and functionality of the property.
• Legal Liability: Landlords might face legal liability from other tenants or property owners affected by the unaddressed repairs.

Conclusion

In conclusion, the case of Freese vs Stadtmauer highlights the critical importance of tenants adhering to their obligations under the lease, particularly regarding the prompt reporting of necessary repairs. While being considerate and not "bothering" the landlord might seem polite, it can lead to significant legal and financial consequences for the tenant. Understanding and following landlord-tenant law in Florida is essential to maintaining a positive and legally compliant rental relationship.

Is this fair? What impact will this judgment have on a tenant's credit? Was the tenant negligent? What could the tenant have done differently? Do you find yourself in a similar situation and need guidance? Don't hesitate to reach out to us. Schedule a 'Talk to the Attorney' session today by visiting us at our Talk to the Attorney page.  LeL us help you navigate these complex legal matters.