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View Full Version : Can a tenant withhold rent because of faulty AC without a signed lease!


Skaterathart
Aug 10, 2008, 12:37 PM
Hello,
My son lives in Florida and is renting a condominium. He signed a one-year lease in 2005, however, he continues to reside in this unit since then, with, of course, the landlord's consent, on a month to month basis without having entered into a new lease. He has been having issues with the air conditioning for at least a year or more. The landlord finally agreed to replace the old ac recently with a new one, however, now the new ac is not working properly. Upon my son's request, the landlord has sent a repairman who has been there 5 times since the new installation and still has not been able to fix this new ac. My son has decided not to pay the rent until the AC is fixed properly. The landlord has threatened to evict him. What are his rights as a tenant on a month to month basis. Thank you.

JudyKayTee
Aug 10, 2008, 12:43 PM
Hello,
My son lives in Florida and is renting a condominium. He signed a one-year lease in 2005, however, he continues to reside in this unit since then, with, of course, the landlord's consent, on a month to month basis without having entered into a new lease. He has been having issues with the air conditioning for at least a year or more. The landlord finally agreed to replace the old ac recently with a new one, however, now the new ac is not working properly. Upon my son's request, the landlord has sent a repairman who has been there 5 times since the new installation and still has not been able to fix this new ac. My son has decided not to pay the rent until the AC is fixed properly. The landlord has threatened to evict him. What are his rights as a tenant on a month to month basis. Thank you.


He can be evicted for non payment of rent. There are other remedies available but is the new AC "not working right" (up to your son's standards) or simply not working - ?

Skaterathart
Aug 10, 2008, 12:50 PM
Thank you for answering so quickly. The AC is not working. The unit is 90 degrees.

froggy7
Aug 10, 2008, 01:50 PM
Also, since your son is a month to month tenant, the landlord can choose to not renew the lease with 30 days notice. Which may be easier on him than trying to evict your son.