Landlord Responsibilities in Florida

[KinFlorida]

What is the name of your state? Florida

Here is the issue. I currently live in an apartment in Florida that is set up like a town house with three bedrooms, a bath/shower upstairs, and one bedroom and bath/shower downstairs. For a while we've had a "impression" in the tile of the upstairs bathroom that is slowly growing deeper. Additionally this impression is leaking water from the ceiling into the downstairs bathroom.

We've asked the landlord (or office) to fix this problem over the last year or so and they've patched it up, but for the most part this has done nothing and I fear that this impression will become a hole quite dramatically one day. Possibly soon.

I've heard of the idea of withholding rent until such an issue is dealt with, but I don't want to get into trouble where I could be sued for damages successfully and have it negatively effect my credit. I've will be paying for March's rent and want to go forward with the following plan to withhold April's rent if the issues are not taken care of during this month.

This is the plan. When bringing in my rent check Monday, I plan to ask the staff to fix the issue as soon as possible, that previous measures have been ineffective, and that I fear that there is a danger to my personal well being if this issue is not taken care of immediately.

If they continue to drag their feet, I plan on sending a certified letter on approximately March 15th, with pictures of the damage, and request that they fix it within the next two weeks or that I will withhold April's rent and any subsequent rent until the issue is fixed.

I have heard the best way to "withhold" rent is to open a bank account and effectively pay the rent to the account each month until the issue is resolved, and then pay any back rent once the issue is resolved.

Now my lease ends at the end of July and I have no intent of renewing. If this issue continues and they take no action and eventually my lease ends and I move out, what exactly happens?

If this plan sounds bad, or if there is a better way to do this, I'd like some advice. What would you do in this or a similar situation?

I plan on asking for a copy of my lease when I pay my rent to see if there are any specific provisions for this type of occurrence, but I'm not exactly sure on the applicable laws that might effect this.

Any help is appreciated. Thanks in advance.

[OHlandlord]

I suggest you send that certified letter out immediately. Some states require that LLs have 30 days to repair. (I don't know how long FL allows.) Without this letter, you have no proof that the LL has ever been informed of this needed repair. Asking or calling the LL about a repair cannot be proven in court. You need proof in writing that the LL was informed of the repair and that he had sufficient time to make repairs before you are allowed to rent withhold. Send the lettter by certified mail, return receipt requested, and keep a copy.

If the LL fails to repair, you usually need to contact the clerk of court to see if your situation is severe enough to qualify for rent withholding. Rent withholding is usually reserved for habitability issues. I do not know if your leak will qualify for rent withholding. Most states require that you deposit rent with the clerk of court or into their designated account, not your bank account. You need to check this. The FL statute on rent withholding is FL Statute 83.60. I suggest you read it and call the clerk well before you plan to do this. If you do rent withholding incorrectly, it can be cause for an eviction for non-payment.

[MIRAKALES]

The tenant should issue a written request to repair the damage via certified mail to confirm proof of mailing and receipt. The letter should allow at least thirty (30) days for management to cure the non-emergency damage. To confirm managements intent to repair request that they provide notice of intent within one week. In the certified letter only describe the damage in need of repair; do not suggest the cause of the damage in writing. Allow management to determine the cause of the damage without input. The written implication of the cause of the damage may mislead the repair person in the wrong direction.

Rent withholding is a legal maneuver authorized by a court of law in order to cure severe issues of habitability. The clerk of court would accept the rent payments and deposit monies into a court escrow account to be used when, or if, management does not cure the repair within a specified time. Do not rent withhold unless ordered to do so by a court of law and/or the damages are severe enough to create an issue of habitability. Issues of habitability are considered emergencies or matters of health and welfare, such as no hot/cold water, no heat, no refrigerator, etc. for an extended period of time.