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illusive3825
Sep 19, 2006, 09:21 PM
Greetings. I live in an apartment complex in Volusia County, in Florida. I have never signed a lease where I reside, and I assume that this makes me month to month, and have lived here 9 months thus far. I have been complaining about a leak from my air conditioner and its poor functioning for quite some time. Now, I am without a properly functioning air conditioning sometimes it comes on a little bit, and sometimes not at all. It has been approximately 1 month. I have written several letters to the office manager and kept him aware of the situation, but I keep getting the "run-around" on when it will be fixed. I have requested a credit off next months rent, assuming that the air conditioner will be replaced/fixed by then. However, it is not fixed I want to move somewhere else. What rights do I have, in that I have no contract/lease?

RickJ
Sep 20, 2006, 02:55 AM
Yes, the absence of a written lease means you're month to month. You can give a 30-day notice to move at any time.

Here is what Florida law says about the landlord's responsibility to maintain the premises: http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC51.HTM&Title=-%3E2006-%3ECh0083-%3ESection%2051#0083.51

Alternative to moving, you might copy this and inform him that he must make the repairs immediately or you will report him to both the applicable building, housing, and health code enforcement authorities and the State Attorney General.

This sort of tactic usually gets stuff done, but it sets you up for a less than pleasant relationship with the landlord... so between moving and pushing the repair, you pick the least unpleasant one and go with it.