Miami, FL asked in Landlord - Tenant for Florida

Q: It’s been 5 days that our house that we are renting (going on our second month) that the AC has not been working?

We have 4 children ages 5, 3, 1 and four months old. The house at minimum is 84 degrees and my babies have been sweating and lethargic. We had to still pay rent and also pay to stay in a hotel. The landlord still has not had the AC fixed or offered reimbursement. We need help to break lease and also get our money back.

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Jacksonville, FL
  • Licensed in Florida

A: Unless your lease requires the landlord furnish A/C, he doesn't have any legal obligation to do so.

You have some options:

1. Secure his written permission for you to reduce your next month's rent by the amount of the repairman's bill. If he agrees in writing, pay for someone to fix the AC.

2. Secure his written permission to allow you to pay a repairman out of your pocket to fix his AC.

3. Buy fans or window units.

4. Sweat and complain.

You are not going to get your money back. You can send him a 7 day notice to fix the problem but if he does not, YOU must move on day 8. He is not required to do anything. If you simply abandon the unit, he can sue you for breach of contract.

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