Re: How long til we're evicted?? - Landlord Forum thread 353775

Re: How long til we're evicted?? by Anonymous on August 11, 2017 @11:03

As of today, send your landlord/management a letter that states that the A/C is not working and they have seven (7) days to to repair the A/C. Under Florida law, they are required to repair/replace, what ever needs to be done to get the A/C working again. With such letter, you are allowed to withhold rent. It will also be a defense for any eviction action from the landlord/management. (you can reference your repair request of 7/29 in your letter)

"FS 83.60(1) "The defense of a material noncompliance with s. 83.51(1) may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord's representative as designated pursuant to s. 83.50(1), a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) by the landlord is a complete defense to an action for possession based upon nonpayment of rent"

Florida statute does not require that the landlord maintain air conditioning, but your local building code may so require, and if the air conditioning was working at move-in, then a judge would expect the landlord/manager to properly maintain it. Repair of the A/C is not a landlord tenant issue, but a contractual issue.

Be sure to sent the letter certified mail, so you will have proof that you sent it.

On the subject of the landlord/management posting a work order to "Inspect & Make Ready" may be considered retaliation against a tenant for requesting a repair that they have a legal right to request. Retaliation against a tenant is against the law. In fact Florida is moving to made the first offense a misdemeanor and the second offense a felony. That's how serious the problem has become from landlords retaliating against tenants. As of now, the penalty is three times the rent, court cost and attorney fees. Of course there may also be grounds for a Fair Housing complaint too. An attorney or a local legal aide agency can help you.

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Re: How long til we're evicted?? by Anonymous on August 11, 2017 @16:08	[ Reply ]

The tenant didn't allow enough time for repair before withholding the entire August rent. On the first when the rent was due only 48 hours had passed since the tenant notified the landlord of the need for repair.

Re: How long til we're evicted?? by Anonymous on August 11, 2017 @18:26	[ Reply ]

I doubt that would make a differance. Management was notified on 7/29. Today is 8/11 and apparently the air is still not fixed. Don't believe a judge would care that only four days passed instead of seven, since the management could not prove they fixed it within seven days from first notice. Poor custermer service is expensive. Management should have had the air repaired by now.