AC broke in my rental home

[luger66]

Appreciated adjusterjack very much.

Could someone provide comment on the following:

The lease I have with LL states: "Landlord agrees to keep in good repair and condition the foundations, air conditioning and heating systems (except as caused by Tenant's failure to change filters monthly), plumbing and electrical systems, of the leased Premises. "

Florida law states (see 83.201 above) : "When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, .." Please clarify if the lease I have with LL falls in this category?

 

[xylene]

Renting a temporary AC for 3 weeks is going to cheaper than litigating this.

 

[STEPHAN]

A 4 ton AC should be around $5000 with permit and load calculation.

 

[quincy]

It probably will take far longer to take your landlord to court over whatever damages you think you can prove (I don’t see that you have any damages yet) than it will take for the air conditioner repair/replacement (20 days).

Although I understand that the lack of air conditioning in 80+ degree heat is uncomfortable and an inconvenience, I don’t understand what you are hoping to gain with a lawsuit. Your landlord appears to be doing what s/he can to address your issue.

 

[Zigner]

The situation you have described does not make your leased space "wholly untenable", so your quoted section is irrelevant.

 

[quincy]

The situation you have described does not make your leased space "wholly untenable", so your quoted section is irrelevant.

It could depend on the business.

 

[adjusterjack]

"Landlord agrees to keep in good repair and condition the foundations, air conditioning and heating systems

She's complying with the lease by arranging for the repair as soon as reasonably possible. Reasonably depends on a lot of factors. That she has a service contract that requires some delay eliminates any obligation for her to spend thousands if she doesn't have.

I think you are looking for a quick windfall due to some minor inconvenience. It's not gonna happen. Accept that and get yourself a fan or a portable cooler. Maybe she'll reimburse you for that, too.

 

[Taxing Matters]

For future reference, you can get insurance that covers your business for this kind thing.

 

[quincy]

Insurance is a good idea for all businesses.

 

[adjusterjack]

For future reference, you can get insurance that covers your business for this kind thing.

Right. Equipment Breakdown and Business Interruption coverages are common add-ons to business policies.

 

[luger66]

Thanks everyone for the feedback!

I am NOT asking the question if the property is untenable or not (to avoid any further discussion, let us assume that the property is still tenable). What I am requesting is:

The lease I have with my LL states: "Landlord agrees to keep in good repair and condition the foundations, air conditioning and heating systems (except as caused by Tenant's failure to change filters monthly), plumbing and electrical systems, of the leased Premises. "

My request to you is: whether the above lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto OR not silent?

 

[adjusterjack]

Yes, it's silent on the "procedure." It just says she does it, not how or when. I think I explained that already. Sort of.

She's complying with the lease by arranging for the repair as soon as reasonably possible. Reasonably depends on a lot of factors. That she has a service contract that requires some delay eliminates any obligation for her to spend thousands if she doesn't have.

Why do you keep harping on that point? What is your goal here?

 

[luger66]

Thanks a bunch for clarifying that the lease is silent on the "procedure." .
My goal in asking that is: Only if that condition is satisfied (i.e., only if the lease is silent on the procedure) then only I can think on how to apply or use the rest of the process (available options) stated in Florida law 83.201. Now, because of your clarification (thanks again to you), I will follow the rest of the law 83.201 wherever it applies to my situation.

(1). I carefully read
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIContentsIndex.html
but did not find any other law (except 83.201) applicable to my situation (i.e., what I need to do if the AC failed). If possible could someone let me know if I am missing/overlooking something which is applicable to my situation.

(2). By the way, the property has two joint owners: a mother and her daughter (together LL). I have been paying the rent check also (jointly) on both their names every month. All these days (since the AC broke), I am communicating this issue by emails and with the mother alone (i..e, to the mother's email address which I know, and she is responding); and I did not inform (orally, by email, or in any other manner) to the daughter. Please clarify if I need to inform this AC issue with the mother and daughter both?

(3). I have another question about rent payment. The lease states as follows:
"Rent amount, specified at the end of this lease, shall be payable to LANDLORD in advance on the first day of each and every calendar month. Rent shall be paid to LANDLORD when due without deduction or offset. If any rent payment is not received by LANDLORD by the 3rd calendar day following the day on which the payment is due, a late fee shall be immediately due and payable by TENANT to LANDLORD as additional rent equal to five percent (5%) of the delinquent payment for each month rent is past due plus six dollars ($6.00) per day for each additional day thereafter that payment is not made. Rents to LANDLORD shall not be deemed received by LANDLORD upon mailing but only upon actual receipt."

However, for the last several months, although I mailed the rent checks on time (almost a week or more in advance to the 1st day of each month) by regular USPS mail (i.e., I have no proof when I mailed or when the LL received it actually, although the rent checks I signed contain the date when I wrote that check) but, each month, the LL deposited the checks in the bank on or around 15th day of that month. What if, now, the LL come and say that she received the rents late but I did not pay the late fee (thereby I violated the lease)?

 

[Zigner]

83.201 requires that it be "wholly untenable". If it's not, then 83.201 doesn't apply.
Your LL is working on the problem in a reasonable manner. In fact, even if 83.201 would apply, you have to give them 20 days after a written notice.

You're really out of gas. I suspect that your goal is simply to get out of the lease with no negative consequences by any means possible and that you are hoping that the AC problem is your golden ticket.

I suspect that your LL isn't going to jerk you around on the timing of the rent payments because your LL sounds like a very reasonable and responsible landlord. I don't think the LL is the problem here.

 

[luger66]

Appreciated.
So, I must send a written (not email) notice, about the AC issue, to the LL (addressed to mother and daughter both, to the address given in the lease agreement). Simply communicating with the mother by email is not enough. Is it correct?

"I suspect that your LL isn't going to jerk you around on the timing of the rent payments.." thank you, but if the LL want to use that against me, then will the LL be successful? Note that the lease agreement does not say anything else (except what I already wrote earlier) about rent payment and late payments, etc.

Note that I have no plans of leaving or breaking the lease using AC as an excuse. however, I want this AC to be fixed ASAP (otherwise, what my legal options are). Also I do not want any legal action from LL about the timing of the rent I paid.