HELP! Tenant/landlord and foreclosure problem

[2L_girl]

I recently moved into an apt in Florida. The a/c unit (covered in the lease as landlord's responsibility) is broken. It turns on, but I have not kept it on long enought to know if it cools because it shakes and black stuff(not smoke) flys out of it. the property management's repairman looked at it and said if I HAD to run it, I could run it on low and that the unit is not worth fixing, it should be replaced. I called about it again a few days later and was told it would be fixed. The repairman himself called me to say he's not gonna fix it and to stop calling about it. I called the property management again and they told me the landlord knows of the problem and said we had to live with it, because it runs on low,he's not going to fix it.
My fridge has a freezer that is cold but does not freeze. They said he would come to fix it, they have not.
I have also found out the property has been under foreclosure for a year, they did not tell me about that when I signed the lease. This is only half of the problem. Please, if anyone can help I would appreciate it.

 

[LL]

While I don't question that the landlord should fix your a/c and refrigerator, and that you should have an easy way of getting them fixed or of leaving, I am not sure how to tell you how to proceed.

I don't know anything about FL law, but I have looked through the FL statutes (Chapter 23: Lamdlord and tenant) and I don't find much to help you. There are of course approaches of just claiming that the landlord has breached the lease and declaring it to be forfeit.

Evidently, Fl has no deduct and repair law, or any rent withholding law. Neither does it seem to have a code section allowing a tenant to leave without obligation under various circumstances.

There is a list of Landlord's obligation to maintain premises, but it is limited to the most serious problems, like running water and plumbing, and heat. Perhaps a judge would allow you to use this section for the a/c, although the code actually says, "Functioning facilities for heat during winter". ( 83.51(2)(a)5 )

The code also says "83.44 Obligation of good faith.--Every rental agreement or duty within this part imposes an
obligation of good faith in its performance or enforcement." and maybe you could use that.

Other than that, your problem seems to be limited to relief as for breach of contract.

Obviously, you are caught in the middle where the property is in foreclosure, the landlord probably isn't going to be able to keep it, the bank hasn't taken it back, yet, so the landlord just pockets the rental income (called "skimming").

My advice would be for you to leave and take your chances that you will not be held responsible for rent until the end of your lease. I would write to the landlord (certified) that you have these problems, they are not being corrected, that they must be corrected promptly. Cite the law about (83.51(2)(a)5) including the wording of the law. Also cite the obligation of good faith under 83.22. Also cite the lease and any provision in the lease for these items, or responsibility for maintenance. Also state that if these items specifically described are not corrected with 30 days, then you will GIVE CONSIDERATION of declaring a forfeiture of the lease. Then find a new place to live, send a letter declaring the forfeiture and leave.

 

[2L_girl]

Thanks for the advice LL,
I looked up the statutes for Florida too, I am taking the lease and the info I found to a lawyer. I want to see what I can do about them not telling me about the foreclosure. I have only been in the apt one month and I really want out!
Several possible buyers have been by to "inspect" the property. One of them told me he got the address from a list of foreclosed properties, since there is no "for sale" sign, I wonder if the private owner they listed on the lease as landlord is false.