Q: My apartment is currently untenable and I am looking for advice on what to do
A:
What is untenable means different things to different people. First had the landlord fulfilled the requirements to maintain the premises under Florida Statutes 83.51. Second is the problem something the landlord or the tenant needs to correct under the terms of the rental agreement. If it is a landlord issue have you provided the landlord written notice, preferrably by certified mail of the problem and has the landlord failed to correct the problem within 7 days after the landlord received your written notice. Third: Are you still living there. Landlord's failure to maintain can be a complete defense to an eviction, but only if you have provided written notice. If the landlord has failed to respond or correct the problem then you have a defense. The landlord has a reasonable time to correct the problem. If you still live there while the repairs are in process the question is how untenable is it, or should you be entitled to a discount on the rent.
You should consult with a landlord/tenant attorney in your area to discuss the specifics of your claim that the residence is untenable to obtain proper advise on how to proceed.
Tim Akpinar agrees with this answer
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