Q: What do I do when a tree falls on my rental house?
I live in a single family rental home I just moved into a few months ago. There is two massive trees in the back yard which have been pretty badly untrimmed and not taken care of but still alive and growing. Apparently one tree it seems like bugs have been living inside it and hollowing it out. A large branch from this tree snapped off and landed on the corner of my roof and also put a small dent in the wall. The house seems to be fine and hasn't effect the livability besides the actual damage to the house and I've avoided the corner that was hit, which is my bedroom. I informed the rental company multiple times but all they've done is respond to my work order with an automated email saying they assigned someone to work on it but I only got one phone call from them and they didn't show up when they said they would. What can I do here? Can I move the tree? Can I do any sort of repairs? Do I stop paying rent until it is fixed? It'll be a month on the 8th and I'm in FL.
A: In Florida, there is a legal principle known as the Implied Warranty of Habitability. Florida landlords are required to keep their rental properties in safe and livable condition. According to the state’s “implied warranty of habitability,” Florida tenants are guaranteed a livable rental without serious hazards or dangerous conditions. If a unit develops a major problem and the landlord doesn't take action, a tenant generally has two options. They can remain in the rental and withhold partial rent until the issue is fixed. Or, if the unit is completely uninhabitable, they can move out and terminate their lease. A tenant facing these issues must comply with Florida Statutes § 83.60 with regard to providing notice.
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