Albuquerque, NM asked in Landlord - Tenant for Florida

Q: Who should pay? Landlord or Tenant?

The Maintenance Section of the rental lease (common form for rentals in FL) shows "LANDLORD " responsible for MAINTENANCE of most things in a list, including: A/C, Appliances, fixtures, lawn, heat, etc. and "TENANT" for other things such as Furniture, Locks and Keys, etc.

Below then says:

"Tenant’s responsibility, if any, indicated above, shall not include MAJOR maintenance or MAJOR replacement of equipment.

Landlord shall be responsible for MAJOR maintenance or MAJOR replacement of equipment, except for equipment for which Tenant has accepted responsibility for MAJOR maintenance or MAJOR replacement in the previous paragraph.

MAJOR maintenance or MAJOR replacement means a repair or replacement that costs more than $250.00"

The question is:

If a MAJOR repair is considered over $250.00 and an A/C repair costed $200, who should be responsible for the $200 repair, the Landlord or the Tenant?

Thanks in advance for the answer.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The first sentence you quoted applies: "... 'LANDLORD' responsible for MAINTENANCE of most things in a list, including: A/C, ...". The exception for tenant-accepted responsibility doesn't seem to apply, even if the A/C repair is non-major (or minor, in other words).

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