I am in Palm Beach County, Florida. My landlord has failed to maintain the AC unit that we have repeatedly asked him to do. It needs duct cleaning. Besides that he has failed to repair the dryer, the kitchen range and one of the bathrooms. My children have gotten very sick from this having severe allergies leading to frequent Asthma attacks because of the AC problem. This has also lead for me to lose my job since I was always asking to care for my children. Can I terminate the lease without any penalties due to the neglect of my landlord? I have to move out, my children get hospitalized AT LEAST once a month for the last 7 months that I've been there.

Thank you so much.

JJ0127

You certainly seem to have grounds to terminate your lease, the question is whether you have done the proper groundwork. There is a process you have to follow when you want to terminate your lease on the basis that the landlord hasn't kept the property in a habitable condition. There is a sticky not at the top of this forum that can link to Florida laws. You can also try contacting your local Housing dept to find out the rules. Once you have laid the groundwork, you can give the landlord notice that you are terminating the lease due to inhabitable conditions without penalty. But if you don't properly do so, you could be penalized.

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Originally Posted by JJ0127

I am in Palm Beach County, Florida. My landlord has failed to maintain the AC unit that we have repeatedly asked him to do. It needs duct cleaning. Besides that he has failed to repair the dryer, the kitchen range and one of the bathrooms. My children have gotten very sick from this having severe allergies leading to frequent Asthma attacks because of the AC problem. This has also lead for me to lose my job since I was always asking to care for my children. Can i terminate the lease without any penalties due to the neglect of my landlord? I have to move out, my children get hospitalized AT LEAST once a month for the last 7 months that I've been there.

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Hello JJ:

The AIR CONDITIONING unit is KEY to your legal problems... The dryer, the range and the bathroom, in my view, are NOT. Course, I don't know what the specific problem is either.

Living in Florida without air would make your unit "uninhabitable". THAT is the key word. If you can prove that you complained, and that he didn't fix it, then you would be able to break your lease.

The problem you're going to have is PROVING any of that. Hopefully you have records of your communication with your landlord, and doctors reports linking your AC problem to the children's illness...

If you have NONE of those, you're not going to be able to terminate your lease.

Furthermore, Florida is the WORST state in the union for this to be happening to you, because if you're found liable for the entire lease, the landlord can just sit back and collect from you for the duration of your lease. In every other state, the landlord MUST mitigate your damages by finding a new tenant as soon as he can.

excon

I have in hand not only our phone records from the moment we moved in and turned the power on, but letters that we have sent him with confirmation receipts (since it was faxed to HIS requested fax #) he had the dececy of telling us we did not move into a brand new place. The location is very nice but needs a lot of maintenance. Something that I don't have the time to do for him.

Thank you so much for the help. I am writing him a letter today and putting it in the mail hopeful that we can arrange something without legal actions.

Once again, Thanks!

The copies of correspondence with fax transmittal recipts should be helpful. Records of phone calls will not, since you can't prove what was discussed. But still submit them to show you have been in contact.

But again, there is a process to follow here. Before you send that letter, I suggest you make sure of what that process is. You can then write and send certified a letter that will state, that he has (or had) time to repair these conditions. That after numerous requests and failure to repair them, you can no longer live in the house for health reasons. Therefore, you are terminated the lease for cause on x date.

Just make sure you follow the form that your local laws demand.

As crazy as this sounds, Florida law does not require the landlord to provide air conditioning.

You need to read your lease to see if the A/C is considered a courtesy item.. with you making needed repairs or if the landlord agrees to provide an A/C and agrees to keep it in good working order. The wording should all be spelled out in your lease.

If your lease is silent on the issue, then A/C would be considered an amenity... and you would be responsible for any repairs/cleaning needed.

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Originally Posted by LILL

As crazy as this sounds, Florida law does not require the landlord to provide air conditioning.

If your lease is silent on the issue, then A/C would be considered an amenity...and you would be responsible for any repairs/cleaning needed.

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Im not so sure about that. If the house was rented with working central air or room A/C units wouldn't that be implied that they were part of the rental?

Clearly if there is wording in the lease dealing with the A/C that would govern, but if the lease is silent and the property was rented with working units, I think it could be argued they were part of the rental.

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Originally Posted by LILL

As crazy as this sounds, Florida law does not require the landlord to provide air conditioning.

You need to read your lease to see if the A/C is considered a courtesy item..with you making needed repairs or if the landlord agrees to provide an A/C and agrees to keep it in good working order. The wording should all be spelled out in your lease.

If your lease is silent on the issue, then A/C would be considered an amenity...and you would be responsible for any repairs/cleaning needed.

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I am not sure about it either. It is not the first rental I do, yet again, I have done management properties in the past, and they have always taken caare of the AC unit. Even to the point of providing filters for them. It is the very first time I deal with someone so neglectant to their home, and he is a realtor too.

I will investigate and make sure that this is his reponsability just as all other appliances in the home.

Thank you for the information though.

Here is the statute:

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0083/SEC51.HTM&Title=->2008->Ch0083->Section%2051#0083.51

In my tenants apartment, I do supply a working A/C unit... and I list the A/C as an courtesy item. I also specify in my lease that any repairs/cleaning/changing of filters is the sole responsibility of the tenant. Also, if the A/C completely breaks down, the tenant is then responsible to provide his/her own A/C.

I live on Long Island, so A/C is not such a big deal except in July & August. But it seems the same laws (or lack of laws) regarding the A/C apply to both Florida & NY.

Also is it the air unit or the duct work, I know of no requirements to clean the ducts. I know in GA and TN most of my rentals never had air provided.

Once again, Thanks for all the helpful information. I read the contract and it is silent in regards to the AC repairs or maintenance. The AC Ducts are what I am having problems with, and the unit itself has black mold on the bottom. Cool air doesn't come out, so therefore the unit is ALWAYS running, making my light bills very expensive, then on top of that is the dryer, which although I can deal with, I have to run it 2 or 3 times before all the clothes are dry, adding to the light expense. Also, just so that everyone knows the condition this place started, I spent 2 weeks after moving in without a refrigerator, he didn't go fix it until I told him I would buy a refrigerator myself and deduct it from the rent. (Remember, I have 2 children, one was 5 and the other one 6 months at that time). Like I said, he has been neglectant to fix anything in here.

Right now, I am more concerned about my children's health. I have an inspection supporting my doctors suggestions in regards to the AC affecting their health. So therefore, I am going to file a complaint about the property tomorrow. From what the lady "sort of" explained at the court, I can give him 7 days to fix ALL the things that I am having a problem with, and then I can legally break the lease. (And I will complain about everything, the mold in the guess bathroom, the kitchen, the dryer and children's the AC). She said that most times, they don't have enough time to fix it all, but if all the things are fixed, (specially the AC) I don't mind fulfilling my lease.

JJ0127

Read up here... this may help you is some way.


http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0083/SEC201.HTM&Title=->2008->Ch0083->Section%20201#0083.201

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Originally Posted by LILL

Read up here...this may help you is some way.


http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0083/SEC201.HTM&Title=->2008->Ch0083->Section%20201#0083.201

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This is perfect! I have found this very helpful. I have realized I could have withheld the rent since September when I first sent him the first written notice. He has failed to adehere to our request month after month.

Thanks!

That's what I was talking about when I referred to following the process. As long as you do it right, you can get out without penalty.