[SunAtFlorida]

Approximately 6 months ago I requested my Landlord (Property Mangagement) to repair the window in my bedroom because they do not close properly and when tenants smoke I get the smoke in my bedroom. I was diagnosed with cancer last year and I my doctor filled out a reasonable accommodation form requesting this issue. I send this form to My Landlord (Property Manager) and they replied by email telling me that if they would have known this prior to leasing the condo to me they probably would have not accepted entering into a lease agreement and that I was supposed to let them know prior to entering into a lease agreement. I understand that a reasonable accommodation can be requested at any time prior and during a lease and even eviction. The landlord has not repaired the window yet. She has had a attitude problem towards me. What are my rights here? Please let me know.

[excon]

Hello Sun:

You have a right under your state landlord tenant laws to have your window fixed. The other document has no weight in the law.

Write your landlord a letter citing Florida Landlord Tenant Law, paragraph 83.201. In your letter demand the window be fixed within 20 days or you will have it fixed and deduct the cost from the rent.

Send your letter certified, return receipt requested.

I've enclosed the relevant law for your perusal.

excon

PS> Your illness did NOT have to be disclosed to your landlord prior to, or ANYTIME during your residency.

PPS> 83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.--When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.