Q: The subfloors are rotting in my apartment in Florida, and repairs have no occurred after 30+ days. What can be done?
The floor began warping and became rotted approximately 2 months ago, at which point a maintenance request was summited digitally. The complex manager has dragged her feet about selecting a party to make the repairs, and the floor is getting worse by the day. We (my roommates and I) believe that they are also waiting until the can figure out the cheapest way to house us while the repairs take place, as they have said it would take about a week to complete. Can we withhold rent? And what about legal obligations regarding receiving a reduction on rent during the duration of our time spent out of the apartment? The next rent payment is coming up on Nov 1st, so if withholding rent is plausible should a notice be sent asap?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
