Miami, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: Lease states LL will provide tenants valet parking, which is $200/month. LL refuses to provide. Can I deduct from rent?

I live in a condo. The lease states that the LL will provide “2 keys + 2 fobs + 1 assigned parking + 1 valet parking + 1 equinox membership included to the tenants by the landlord”. This is verbatim from the contract. Valet is a service in the building by a third party. Most rentals in the building only come w/ valet, because owners did not buy the assigned parking spot. In that case, if an apartment includes valet, it means the landlord has to pay $200/month for it, in order to provide. For us, we knew we wanted 2 cars, so the reason we signed the lease was for 1 assigned spot + 1 valet spot for a total of 2 places to park. Before now, we only had 1 car so we did not act on the valet, and found out we don’t have it.

LL says she will not pay for us to have valet and that it is not included in the rent, even though the line reads that the LL will provide to the tenant. Can I deduct $200 from my rent and start paying less? Do I need an attorney first? Do I go to small claims court?

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: What do you mean "Valet in the building is now being charged at $200/month."? Is someone else providing the service and, if so, do you pay them?

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Bushnell, FL
  • Licensed in Florida

A: I would need to know if the valet service was ever provided or did the landlord provide valet, then stop? If the benefit was once provided and now stopped because the landlord decided it was too expensive or that they just didn't want to provide the service, the landlord will be stuck until the expiration of the term of your Lease. If the benefit was never provided, the case may be a little more difficult. Best of Luck! Jennifer

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