"reasonable provision" by landlord

[swood]

We have lived in a 3-apartment building in Florida for almost 1 year. Our landlord was at one time a very respected member of the community, but has for over a year now been in and out of jail on numerous charges. Our rent, which is quite high because we live on the beach, includes water, trash pickup, and exterminator. The water has been turned off 5 times in the past year for non-payment, the trash has been cut off for non-payment since Sept, and the exterminator has not been here since they cut off the account for non-payment in June. The water was cut off again yesterday. We have continued to pay full rent all this time, because it is extremely hard to find a place here with children and pets. What recourse do we have at this point? Also, the rental deposit and the rent has been used to pay his bail costs, and the mortgage is past due.

 

[dj1]

You should withold the rent, until he is out of this mess......

YOU can pay the water bill and the exterminator TODAY ... and deduct it from March's rent..... that would be the best way so it wont be turned off again.

You have a right as a tenant to repair and deduct from the rent when the landlord REFUSES to do so...

Also keep all yourt reciepts....if you know for certain HE does NOT have your depsoit in a bank account, you must write him a letter send it certified mail return reciept, that unless he proves he has the money and the house is not behind in his payments or not in forclosure, then you will use your security for the last months rent since you have very very good reason due to his arrest and needing money for bail that you have no faith in him that your secuirty deposit will be returned, and you are trying to protect yourself against the landlord filing bankruptcy and putting you down as a creditor or scamming you for the money some other way.

So let him sue you for any damages, since your last months rent is paid by your security... (assuming you have one months secuirty)... how much can it really be? ALSO take lots of pictures before you vacate you will need them to show a judge.

[Edited by dj1 on 03-03-2001 at 09:01 AM]

 

[swood]

I appreciate your advice-that is what we intended to do in the beginning. However, when I went out to the water company, they informed me that I would have to pay the water bill that he owed on the entire building, since all of the apartments are together and that they did not believe that it would be a good idea for us to pay it since it amounts to over $400 in past due amounts plus there are recnnection charges and, because he has done this several times, a rather high additional deposit would be required. We considered doing it anyhow, but that could very easily leave us with the same problem the next billing period. We did pay the exterminator to do the entire building, and arranged for him to return monthly and bill us. Like I said, the biggest problem is that it is very hard in this area to find another place, and since I have three sons who work withing a block of here, a daughter who works down the street, and so do I, it would be extremely inconvenient to move. I am trying to find a remedy that will allow us to remain here without suffering from the lack of services.
Thank you for your time replying.

 

[dj1]

then ALL of the tenants must chip in the money and deduct it from the rent.....

That would be the best way.....whats the total and divide it evenly and get everyone to give a check, and get seperate reciepts, and deduct it from march's rent.

 

[LL]

Better check FL law before listening to any advice from dj.

Check that:
1. FL has a deduct and repair law.
2. Is this situation covered by the law?
3. What are limits on deductions? type, amounts, frequency, etc.
4. Is procedure mandated by law, including notice to landlord.
5. Does Fl law (or lease) allow tenant to allocate security deposit to rent.

Otherwise, you could be in enough trouble to be evicted, maybe more.

Also, check anything that dj says before you do it. Like, demanding that landlord keep your security deposit in a bank account or anywhere else.

Finally, you should think about the long-term aspects of this problem. Evidently, this landlord is not capable of keeping up his responsibilities, so what do you want to do about that? Sooner or later, you will have to move.

 

[swood]

Thank you for your interest and advice, LL. I NEVER accept advice, however well intentioned, without checking it-my husband was a police officer in another state for 14 years, so I am very careful about this.
Florida statute 83.51.2 covers "reasonable provision" for a) extermination of rats, mice, ants and oaches; b) garbage removal and receptacles; and c) running water-among other things. Undr 83.67, "a landlord who terminates or interrupts utilities such as water, heat, garbage collection or refridgeration can be held liable for three monthes rent plus the court costs and attorney fees on each violation."
Yes, there is a provision for a written notice to the landlord, must be a 5 day written notice, which we have given him several times.
The security deposit may not be allocated in any way in Florida, they are very strict about that. As a matter of fact, there is a law that very few landlords are familiar with here, in regards to a security deposit. All types of damage, rent and other tenant deposits must be kept in a seperate account "for the benefit of the tenant" unless a surety bond is posted.(83.49.1) The landlord cannot pledge the money, use it in any way, or mix it with his own money. Under 83.49.2, the landlord must comply with the following: within 30 days of receipt of a deposit, written notice including the following must be given in person or by mail to the tenant ( this goes on to explain such things as where the money is deposited, interest or non-interest bearing account, etc) Unless the landlord follows the notice requirements, he cannot keep the security deposit no matter how much damage the tenant has done.
We know that wewill have to move sooner or later; however, spring break in PCB makes moving almost impossible!
We have already checked with the sheriffs dept, and we can press charges, as allowing the water to be cut off to an apartment dwelling is a violation of the law. What I was reallly hoping for was for some outside advice as to a way to handle the situation without causing it to escalate! When you speak to a lawyer or a government official, they give you advice that, it seems to me, will only make the problem worse!

 

[dj1]

What i was saying is that HERE in New York City if All the tenants pool their money they can get the utilities turned on asap, and then have a claim against the landlord, or they can deduct it from next months rent....

check to see if all of you can go to the water company tomorrow and get indivual reciepts for your share.

 

[LL]

dj seems not able to understand that there is part of America beyond the Hudson River, the New Yorker cover cartoon notwithstanding.

Good for you, swood, for realizing that most advice, from dj or lawyers, will make the situation worse.

Usually, I recommend simply going to the landlord and trying to work something out. Maybe you could still try this, but it doesn't seem promising.

If the landlord doesn't have the money, there is no way to get him to pay the back bills and then keep them current. If you were to withhold rent, he probably will abandon the building. He probably doesn't have a big stake in it. The same goes for filing criminal charges.

Thus, my advice would be to move. Did you ever consider getting together with other tenants and offering to buy the building from the landlord? Or even, to lease it from him, and sublease to tenants, while retaining control over utilities and upkeep yourselves? Maybe you could make him an offer which would give him part of the rental income, free him from responsibility for some years, and then let him have his property back, including any appreciation.