Re: Tenant asked for his inconvenience Cost without AC

Re: Tenant asked for his inconvenience Cost without AC by MrDan (Georgia) on July 5, 2015 @20:18

As you can see, the tenant has no right to issue partial payment or deduct monies from the rent due. The tenants option is to issue the landlord written notice of non compliance (broken A/C ) and allow the landlord 7 days to repair.

Florida Statue 83.56 Termination of rental agreement.—
(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:
(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.
(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.

Section 1a would apply in this case, which you would only owe for the three (3) days the tenant vacated the rental. You have no obligation to reimburse for the one day of lost work. (even as this tenant failed to send written notice, it might be wise to just proceed as he has and not argue whether the rental was indeed untenantable/uninhabitable)

You could send the tenant a letter stating the law in general terms and ask the tenant to pay the remaining rent due. Explain that only by law, the tenant is entitled to the three days of no rent and that lost work is not covered. If the tenant pays up, I would send a $25.00 gift card (tax deductible). If tenant fails to pay remaining due rent, the landlord can issue a three day notice. If you do not know how to properly write and serve a ' 3 Day Notice' seek help from your attorney or your local apartment association.

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Re: Tenant asked for his inconvenience Cost without AC - Landlord Forum thread 336995