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Re: Florida A/C Repairs and Rent Refunds
by OK-LL
on August 3, 2010 @17:43
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Certainly, the statute does not describe A/C has a habitability issue and you repaired it within 7 days of being informed. Couple of issues: (1) Did the tenant inform the PM in writing about the A/C deficiency? (Meaning, does tenant have proof of the date he reported the problem?) (2) Does your contract with the PM require prompt response to maintenance issues? You seem to be letting the PM off easy here. It was his responsibility to let you know immediately that there was a potential repair expense that exceeded (presumably) his authorized $$ limit. Technically, it seems that you made repair the within a reasonable time-frame. If there is any compensation due to the tenant for not having all the amenities he pays for, it should come from the PM, since the PM dragged his feet following up on the complaint. But if the tenant continued to live in the unit and actually suffered no monetary damage, I would not offer any compensation. Had he vacated the unit entirely during the period, I would have thought about refunding his rent for that pro-rated period. It would have been a simple solution for the tenant to purchase a small portable window unit for the duration, or even portable fans. Or the PM should have offered these on your behalf.
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Re: Florida A/C Repairs and Rent Refunds
by Anonymous
on November 10, 2011 @13:07
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I am currently managing 350 units from palm beach county to miami-dade. Although i empathies with the initial thread. i have to side with the tenant as well. After 48 hrs excluding weekends of being informed by the tenant a pro-rate concession is due back to the tenant for loss of the a/c for the subsequent time lost. Either in the lease or not. We lost 2 cases of eviction prior to my arrival and 2 less than compassionate regional managers with the tenant withholding rent due to loss of air for a few days. the judge/mediator also ruled that we pay court costs and allowed the tenant to vacate the lease. Lose a little now or a lot later you decide. The tenants were also granted partial payment of their counter suits for $5,000.00 and $3000.00. We now have a policy. emplimented that extends above the statute 83.51 for a/c, leak, electrical, and flood issues to avoid such litigation. This statute does not mention A/C but does mention heating systems. The mediator in one case considered them linked while the judge said its seperate but use your common sense. We have it on a bulletin board in the break room. So word to the wise Although common sense is less common try to use it. :)
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