Appliance repair and renewal of lease

[ellenc]

What is the name of your state (only U.S. law)? Florida
We live in Florida. We rent a condo from a private owner. As far as I know this is his only rental property. We are on the verge of renewing our lease and have two questions.
1. We had a computer board burn out on our electric range this summer that left us unable to use the oven and broiler for 7 weeks. We did have the stovetop burners and a microwave available to use. The repair was finally completed after we made numerous phone calls and spent hours, on multiple occasions, waiting for service technicians. Are we entitled to any compensation for being without the oven and broiler for that length of time? Additionally, are we legally able to write into the lease any guidelines regarding timeliness of repairs? We are concerned that if a more vital appliance needs repair, like the refrigerator, we may have to deal with the same lack of attention.
2. We are interested in continuing our tenancy in the condo for a longer period of time than one more year. We have gotten the impression that the owners, being elderly, may decide to sell the condo in the near future. Our lease stipulates that it may not be written for a period greater than one year. When is the landlord required to give us notice if he intends to non-renew? Is it legal to write into the lease a stipulation that if the landlord intends to non-renew, for reasons other than our non-compliance with the current lease, he is required to provide us notice 6 months beforehand, so we have time to find another suitable rental? If not, how far in advance may we legally ask him to sign another lease? For example, can he and we sign a lease in February that does not go into effect until August?
Thanks in advance for your help.

 

[Gail in Georgia]

'1. We had a computer board burn out on our electric range this summer that left us unable to use the oven and broiler for 7 weeks. We did have the stovetop burners and a microwave available to use. The repair was finally completed after we made numerous phone calls and spent hours, on multiple occasions, waiting for service technicians. Are we entitled to any compensation for being without the oven and broiler for that length of time?'

Well, you can certainly ask but if the issue of not getting this repair was due to certain parts being ordered and waiting for these, this is no fault of the landlords.

"Additionally, are we legally able to write into the lease any guidelines regarding timeliness of repairs."

You can write whatever you want but again, sometimes timelines for repairs are out of the hands of the owners. Keep in mind that a landlord is not required to provide a tenant with appliances such as ranges or refrigerators in the first place.

" Is it legal to write into the lease a stipulation that if the landlord intends to non-renew, for reasons other than our non-compliance with the current lease, he is required to provide us notice 6 months beforehand, so we have time to find another suitable rental?"

No.

. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.

83.575 Termination of tenancy with specific duration.—
(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days’ notice before vacating the premises.

(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant’s obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.

(3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month’s rent.



Gail