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Been Stuck in the Elevator numerous times!!!

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gatorbait

Junior Member
What is the name of your state (only U.S. law)? Florida

I moved into a new building in Feb. of 2009. It's a highrise and since it's opening I have been stuck in the elevator three times. Each time was over 40 mins and the last time I was stuck for over an hour. The second time I was over an hour late for work. I talked to management and they won't do anything for me, take a percentage off rent, anything. What options do I have? Is this worth going to court for? I feel like everytime I go in the elevator it will happen again..What should/could I do!! Thanks for your help!!
 


JETX

Senior Member
What options do I have?
Stairs??
Be sure to pack a lunch with drinks before you enter elevator?

Is this worth going to court for?
For what?? Other than inconvenience you haven't been 'damaged'.

Have you put your 'complaint' in WRITING to the landlord (certified RRR) and asked that maintenance be performed??
 

gatorbait

Junior Member
It's on the 19th floor, stairs aren't an option. I know I haven't been harmed. I've complained numerous time in writing, they tell me there is nothing they can do...I just want to move out, what options do I have..
 

CourtClerk

Senior Member
Options:

Find an apartment via the newspaper, online, Craigslist, by driving by a new neighborhood or word of mouth.
 

sandyclaus

Senior Member
Grounds to break lease?

Just general question - OP moved into bldg in Feb 2009 - would this elevator issue be valid grounds for breaking lease?
Unless he is disabled and requires the elevator, I think not.

Although, I would have already made a call by now to building/safety/code enforcement myself to register a complaint. Especially when it happened a 2nd time, and definitely when it happened a 3rd. They must be certified as safe, especially for those in the building who ARE handicapped and need to use the elevator.

Heck, I can understand not wanting to walk UP 19 floors, but down is an entirely different story. (Note to OP: until problem is fixed more permanently, don't count on elevator when you have somewhere to go, WALK down the stairs!)
 

applecruncher

Senior Member
Unless he is disabled and requires the elevator, I think not.

Although, I would have already made a call by now to building/safety/code enforcement myself to register a complaint. Especially when it happened a 2nd time, and definitely when it happened a 3rd. They must be certified as safe, especially for those in the building who ARE handicapped and need to use the elevator.

Heck, I can understand not wanting to walk UP 19 floors, but down is an entirely different story. (Note to OP: until problem is fixed more permanently, don't count on elevator when you have somewhere to go, WALK down the stairs!)
Thought so. I agree w/registering a complaint with bldg code. Not minimizing the problem, but not sure that the 3 incidences would be enough for them to act on.

OP – to your knowledge have any other people been trapped in this elevator?

Also, I kinda doubt that OP was asking for assistance in how to find another apt. The issue is what can be done about the elevator problem (and what are the ramifications).

Up or down - 19 floors is a long haul.
 
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JETX

Senior Member
Here is the deal.... we have no idea if the OP leased from the building owner/manager (where the elevator issue MAY be relevant) or from someone who owns a unit in the property (where the elevator is NOT an issue of the owner). Without that CRITICAL information, anything (other than reporting to city) is a guess at best.
 

gatorbait

Junior Member
I currently rent from the building, i'm not an owner or manager. It's a fairly new building less than 1 year since construction was completed..Other's have been stuck in the elevator, some have been stuck as many as 5 times. As for taking the stairs each time, I can't do that, the stairs are only a fire escape and don't allow access to the parking garage, only to the lobby.

Thanks again for all your help on this, the building manager has given me no options and has been unprofessional through the whole situation. Any suggestions would be greatly appreciated.
 
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JETX

Senior Member
I currently rent from the building, i'm not an owner or manager.
Okay, that helps you as the building owner is your landlord and not a third party (middle) person.

You have TWO separate possible solutions:
Solution 1:
Send the landlord a very nice letter (certified RRR) 'demanding' that he provide PROPER maintenance of the building as required by Florida Statute. Here is the applicable statute:
83.67 Prohibited practices.--
(1) No landlord of any dwelling unit governed by this part shall cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.


If the landlord fails to provide proper maintenance, you have the following statutory option:
83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.
When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.


Solution 2:
Contact the city or county building department and file a complaint and let the city handle the landlord/owner.

Personally, I would do BOTH.

Other's have been stuck in the elevator, some have been stuck as many as 5 times.
Then I suggest you get together with the other tenants and let them know about the above statutory obligations on the landlord/owner. All of you getting together to confront this has more strength than just one of you.

the building manager has given me no options and has been rude through the whole ordeal.
Sounds like the building OWNER may not be aware of his managers conduct and failure to maintain. I would copy or address ALL communication directly to the OWNER of the building. You can find the owner by contacting the county tax office.
 

gatorbait

Junior Member
Thank you so much, I really appreciate it! I also forgot to add, while I was stuck in the elevator the second time, the concierge for the building told my girlfriend, who was outside of the elevator that the apartment tower was in a lawsuit with the elevator company. Not sure if this adds anything..Thanks again.
 

Cvillecpm

Senior Member
Take the stairs;
Have cel phone so you can call whoever you are meeting or WORK that you will be late.....

DO NOT TAKE THE ELEVATOR!
 

sandyclaus

Senior Member
Rent reduction an option?

Okay, that helps you as the building owner is your landlord and not a third party (middle) person.

You have TWO separate possible solutions:
Solution 1:
Send the landlord a very nice letter (certified RRR) 'demanding' that he provide PROPER maintenance of the building as required by Florida Statute. Here is the applicable statute:
83.67 Prohibited practices.--
(1) No landlord of any dwelling unit governed by this part shall cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.


If the landlord fails to provide proper maintenance, you have the following statutory option:
83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.
When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.


Solution 2:
Contact the city or county building department and file a complaint and let the city handle the landlord/owner.

Personally, I would do BOTH.


Then I suggest you get together with the other tenants and let them know about the above statutory obligations on the landlord/owner. All of you getting together to confront this has more strength than just one of you.


Sounds like the building OWNER may not be aware of his managers conduct and failure to maintain. I would copy or address ALL communication directly to the OWNER of the building. You can find the owner by contacting the county tax office.
From the statute you specify, rent withholding would be justified. But could the tenant feasibly demand a rent reduction to accommodate the period for which the elevator has remained unrepaired? Does the applicable law support this?
 
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