AC broke in my rental home

[adjusterjack]

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.

No, that's not a goal. It's a deflection away from the question. Goals are stated in a format that begins with "I want to."

For example:

I want to get out of my lease without penalty.
I want more money from the LL than just a rent abatement.
I want the LL pilloried for causing me so much discomfort and inconvenience.

what I need to do if the AC failed)

What you need to do if the AC failed is wait patiently until it is fixed. If it is not fixed by the end of 20 days you exercise your choices as provided by statute. If you haven't understood that by now, and we have to keep telling you that over and over, I can only conclude that you are a troll bent on wasting our time.

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?

Either of them can act as agent for the other so you don't need to deal with both. I suspect that only the mother signed your lease so she is the one you are obliged to communicate with.

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)?

When and if that ever happens, come back and we will advise. I, for one, am not interested in wasting my time on hypotheticals that might never happen.

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?

Email is routinely accepted as written notice by the courts in modern times.

if the LL want to use that against me, then will the LL be successful?

Like I wrote, come back and talk to us if and when that happens.

I want this AC to be fixed ASAP

OMG. Finally, you've stated a goal.

 

[luger66]

Much appreciated!

This is my last question:

"Either of them can act as agent for the other so you don't need to deal with both. I suspect that only the mother signed your lease so she is the one you are obliged to communicate with. " both the mother and daughter signed the lease as LL. Nowhere it is specified that (and never those mother and daughter informed me that) one is acting as agent for the other. Will this change any thing in your answer for this part of my question earlier?

 

[adjusterjack]

Nowhere it is specified that (and never those mother and daughter informed me that) one is acting as agent for the other.

Doesn't have to be. There is a whole body of law regarding agency that you are welcome to look up. However, if it makes you feel more comfortable, address all notices routinely to both of them.

 

[luger66]

Much appreciated!

FYI, the lease specifies:
"Rents and any notices to LANDLORD shall be mailed or delivered at the following address unless otherwise designated in writing by LANDLORD:
Joe Doe
123 Street, ABC city 12345"

(I concealed the name and actual address of LL)

 

[FarmerJ]

not only written on real paper but when you send notices to them send at least one copy via certificate of mailing it will give you a postal receipt that has your name and address (sender ) and LLs name and address , postal clerk verifys whats on the receipt matches the front of letter and you have proof that you sent them mail to staple to your copy of the notice. next step up is confirmed mail delivery , its a bit more but you again get something thathas worked for the courts up here, see when a city or governmental agency claims to have put something in the mail to you its pretty well done, courts would hesitate to not believe that other governmental agent but with certificate of mailing or confirmed mail delivery courts tend to accept the idea that post office got the letter into the system and are not likely to dis believe the post office ( another so called govt agency ) if you have to then consider buying a roll up unit that has the accordian vent pipe and vent it thru a window until the repair is made, the roll up unit will be yours and you will be able to use it pretty much with any kind of window in the future should you move. ( even I keep a spare 5k btu window unit still in its box too when I got it at end of season sale for 50. since i have two other window units a 220V 14k in living room and a 10k up stairs in another window)

 

[luger66]

Appreciated FarmerJ.

So, because I did not send any written communication (including this AC repair matter) either by regular usps mail or certified usps mail ( or by any other agencies such as fedex) to the physical address given in the lease agreement, can the daughter and mother successfully defend (if I file a lawsuit) that the daughter was never informed by me as specifed in the lease agreement? As i said earlier, all my communications are by email to the mother alone. Mother and daughter both are designated as LL and both signed the lease as LL.

 

[Zigner]

Appreciated FarmerJ.

So, because I did not send anything (including this AC repair matter) by a written letter to the physical address given in the lease agreement, can the daughter and mother successfully defend (if I file a lawsuit) that the daughter was never informed by me about this matter?

What lawsuit? You have absolutely no grounds for a lawsuit under the section you quoted. You said that the lack of the a/c for this period of time does not make the space "wholly untenable". Without that, you've got nothing.

 

[luger66]

Appreciated Zigner. I am sorry for not making my question in different way (please forget about lawsuit, my apologies):


So, because I did not send any written communication (including this AC repair matter) either by regular usps mail or certified usps mail (or by any other agencies such as fedex) to the physical address given in the lease agreement, did I already fail to follow the lease agreement about informing these matters (AC repair, etc) to the LL (or whether my email communications that I made to the mother alone about AC repair, etc. are sufficient as per the lease agreement)? As I said earlier, all my communications are by email to the mother alone. Mother and daughter both are designated as LL in the lease, and both signed the lease as LL.

 

[quincy]

Appreciated Zigner. I am sorry for not making my question in different way (please forget about lawsuit, my apologies):


So, because I did not send any written communication (including this AC repair matter) either by regular usps mail or certified usps mail (or by any other agencies such as fedex) to the physical address given in the lease agreement, did I already fail to follow the lease agreement about informing these matters (AC repair, etc) to the LL (or whether my email communications that I made to the mother alone about AC repair, etc. are sufficient as per the lease agreement)? As I said earlier, all my communications are by email to the mother alone. Mother and daughter both are designated as LL in the lease, and both signed the lease as LL.

You should always follow the procedures recommended in your signed agreement. A failure to do so can work against you in court - if you actually had a court action to pursue. I personally don’t see that you do, from the information you have provided us thus far.

 

[Zigner]

Appreciated Zigner. I am sorry for not making my question in different way (please forget about lawsuit, my apologies):


So, because I did not send any written communication (including this AC repair matter) either by regular usps mail or certified usps mail (or by any other agencies such as fedex) to the physical address given in the lease agreement, did I already fail to follow the lease agreement about informing these matters (AC repair, etc) to the LL (or whether my email communications that I made to the mother alone about AC repair, etc. are sufficient as per the lease agreement)? As I said earlier, all my communications are by email to the mother alone. Mother and daughter both are designated as LL in the lease, and both signed the lease as LL.

Sufficient to accomplish what?

If your goal is to get the AC fixed, then your communication is fine, as evidenced by the fact that the LL has taken steps to do so. If you have a different goal, then please clearly state that goal.

 

[quincy]

luger66, you can send a certified letter (return receipt requested) to the address on your lease and reference in your letter the emailed correspondence you previously had with the landlord (or better, send copies of the emails with the letter). State to your landlord the specific date the air conditioner went out, when you first notified your landlord, and your goal to have the air conditioner fixed ASAP.

Again, unless you have a business that relies on air conditioning, you do not appear to have any lawsuit worth pursuing. You have been inconvenienced but you have not stated any compensable damages. You were given your realistic options earlier.

 

[luger66]

“You have been inconvenienced but you have not stated any compensable damages.” I have office assistant and he is unable to work in 80 degrees in the office and left back to home but I am paying his salary.

 

[quincy]

“You have been inconvenienced but you have not stated any compensable damages.” I have office assistant and he is unable to work in 80 degrees in the office and left back to home but I am paying his salary.

Can he work remotely, or can he use a fan or room air conditioner at your workplace?

There are power outages throughout the U.S. on a fairly regular basis, with some storms knocking out electricity, heat or air conditioning for days or even weeks. People tend to make do until power is restored. You still have electricity. Fans and room air conditioners are relatively cheap and make 80+ degree temperatures less uncomfortable.

What type of business do you operate?

 

[Zigner]

“You have been inconvenienced but you have not stated any compensable damages.” I have office assistant and he is unable to work in 80 degrees in the office and left back to home but I am paying his salary.

Your employee's extreme sensitivity to moderate heat does not make the unit wholly untenable.

 

[STEPHAN]

If AC is so important for you, you should have written that in the lease. Does a portable AC not work?