Q: Condo owner refuses to repair/replace HVAC unit - what recourse do we have?
We are an elderly couple that leased a condo with central heat/air. The lease does not stipulate that we are responsible for any HVAC maintenance or repair. Three weeks ago the 25 yr old HVAC system burned out. A licensed technician told the owner it required replacement but she is refusing to replace or repair. What recourse do we have? Can we withold rent until it is restored? We appreciate any advice you may have - thank you.
A:
You need to contact a landlord-tenant attorney right away. You may be able to threaten to sue, sue, and/or withhold rent, but you need to follow the correct procedures regarding notice to your landlord. You also want an attorney to review the lease.
Regarding Florida law, Florida Statute 83.51 required landlords to provide for heat in the wintertime, which is now.
83.51 Landlord’s obligation to maintain premises.—
(1) The landlord at all times during the tenancy shall:
...
(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
...
5. Functioning facilities for heat during winter, running water, and hot water.
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