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Valerie1101 · Jul 1, 2009, 12:50 PM

Hi My name is Val and I really hope someone can help me with this issue. I have a rental property in Florida and my tenant has been nothing but issues since he moved in last February. I have replaced just about every appliance in the house. Anyway, about two weeks ago I had the central unit serviced and the repair guy told me that I would be needed a new unit soon. It's old and it's not working the way it should. Anyway, my tenant had the FPL go out and check the house and they told him that the problem is the Central air unit. Apparently it's got a compressor that does not belong to the unit and that's what's making it work harder. My tenant of course called me and complained about it. What I want to know is, is there any law in Florida that forces me to replace the unit because is costing him extra $$ on his light bill? I just bought the house last December and I was told that the unit was old and that it would probably need to be replaced soon... I don't leave in the state of Florida so I need to know if this guy can take some type of legal action against me if I don't have that replaced. I don't have an $6000K right now to go and buy a new unit... Pleaseeeeeee help:)

jolienoire · Jul 1, 2009, 01:19 PM

The tenant has the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can only be done when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes.

AC is not required, however if it is in the lease than you are responsible.

He may be able to withhold rent.
Before rent is withheld, the tenant must give the landlord seven (7) days written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should preserve the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.

Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS

I hope I helped.

LILL · Jul 1, 2009, 01:30 PM

Does your lease state that you will provide air conditioning? If not, Florida law does not require you to supply AC.

emacon · Jul 2, 2009, 08:16 PM

$6000.00 for a new A/C Unit? There is no way it would cost close to that amount. I just bought a York A/C 2 1/2 ton unit and it cost $2800.00.

AK lawyer · Jul 3, 2009, 05:36 AM

Originally Posted by Valerie1101

... What I want to know is, is there any law in florida that forces me to replace the unit because is costing him extra $$ on his light bill?

I am not aware of any law that requires the A/C to work at a specific efficiency.

As I understand your question, the A/C works but not as efficiently as the tenant might like. Unless the lease requires a specific standard of efficiency the law is probably on your side. When the A/C fails, of course, you probably are going to have to get it fixed immediately.

Fr_Chuck · Jul 3, 2009, 06:13 AM

Personally, if they don't have a lease, I would just give them notice to move out and find a better tenant.

But also do you live close ? Are service people taking advantage of you.

You need to give service people strict rules, don't discuss the repair with the tenant. Send a letter to each saying setting money damages for doing so. Not sure you could win it in court, but it will keep the service guy quiet.

JudyKayTee · Jul 6, 2009, 12:58 PM

Originally Posted by jolienoire

The tenant has the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can only be done when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes.

AC is not required, however if it is in the lease than you are responsible.

He may be able to withold rent.
Before rent is withheld, the tenant must give the landlord seven (7) days written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should preserve the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.

Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS

I hope I helped.

I don't find this to be the law in Florida - I find this to be the law: Florida's Landlord/Tenant Rights

Florida is not as simple as other States and the appropriate forms must be used.